J  K 

1963 


GIFT  OF 


GENERAL 

ELECTION   LAWS 

OF 

MINNESOTA 

INCLUDING 

The  Primary  Election  Law 
And  Other  Acts 


BEING  CHAPTER  6  OF  REVISED  LAWS   1905,  AND  CHAPTERS  92, 
134,  149,  214  AND  267  SESSION  LAWS  1905,  AND  CHAPTERS 
108,  226,  365,  429  AND  475  SESSION  LAWS  OF  1907, 
AND  CHAPTERS  64,  76,  95,  125  AND  175  SES- 
SION   LAWS    OF    1909. 


SECTION  NUMBERS  CORRESPOND  WITH 
NUMBERS  IX   1905  REVISED  LAWS. 


Official  Publication  by 

JULIUS  A.  SCHMAHL 

Secretary  of  State. 


1910 

MC-GILL-WAH.NER  co 
ST.  PAUL 


GENERAL 

ELECTION  LAWS 

OF 

MINNESOTA 

INCLUDING 

The  Primary  Election  Law 
And  Other  Acts 


BEING    CHAPTER   6   OF   REVISED   LAWS    1905,   AND   CHAPTERS   92, 
134,  149,  214  AND  267   SESSION  LAWS  1905,  AND  CHAPTERS 
108,  226,  365,  429  AND  475  SESSION  LAWS  OF  1907, 
AND  CHAPTERS  64,  76,  95,  125  AND  175  SES- 
SION   LAWS    OF    1909. 


SECTION  NUMBERS  CORRESPOND  WITH 
NUMBERS  IN  1905  REVISED  LAWS. 


Official  Publication  by 

JULIUS  A.  SCHMAHL 

Secretary  of  State. 


1910 


' l 


QUALIFICATIONS  OF  ELECTORS. 


Amendment  to  Section  i,  Article  7,  of  State  Constitution. 

Section  one  (i).  What  persons  are  entitled  to  vote.— Every 
male  person  of  the  age  of  twenty-one  (21)  years  or  upwards, 
belonging  to  either  of  the  following  classes,  who  has  resided 
in  this  state  six  (6)  months  next  preceding  any  election,  shall 
be  entitled  to  vote  at  such  election  in  the  election  district  of 
which  he  shall  at  the  time  have  been  for  thirty  (30)  days  a 
resident,  for  all  officers  that  now  are,  or  hereafter  may  be, 
elective  by  the  people. 

First — Citizens  of  the  United  States  who  have  been  such  for 
the  period  of  three  (3)  months  next  preceding  any  election. 

Second — Persons  of  mixed  white  and  Indian  blood,  who  have 
adopted  the  customs  and  habits  of  civilization. 

Third — Persons  of  Indian  blood  residing  in  this  state,  who 
have  adopted  the  language,  customs  and  habits  of  civilization, 
after  an  examination  before  any  district  court  of  the  state,  in 
such  manner  as  may  be  provided  by  law,  and  shall  have  been 
pronounced  by  said  court  capable  of  enjoying  the  rights  of 
citizenship  within  the  state. 


OPINIONS  OF  ATTORNEY  GENERAL. 

Under  the  recently  adopted  amendment  to  our  Constitution  only  those 
;iro  entitled  to  vote  who  have  been  citizens  of  the  United  States  for  three 
months  or  more  preceding  the  day  of  election. 

WHO    ARE    CITIZENS    OF   THE   UNITED    STATES    WITHOUT    ANY 
ACTION  ON  THEIR  PART? 

1.  Persons    born    in    the    United    States,    and    not    subject    to    the    juris- 
diction of  some  foreign  power;  that  is,  persons  born  in  the  United  States,  no 
matter  what   the   nationality   of  their   parents   unless    such   parents    were   here 
in  some  capacity  as  representatives  of  a  foreign  nation. 

2.  Children    born    in    foreign    countries    but    whose    fathers    became    full 
citizens  of  the  United  States  before  such  children  reached  the  age  of  twenty- 
one  years. 

3.  A  foreign  born  woman  who  marries  a  citizen,  or  whose  husband  becomes 
fully  naturalized,  is  thereby  made  a  full  citizen. 


257225 


4  THE  ELECTION  LAWS 

HOW  TO   BECOME  CITIZENS. 

Except  in  certain  instances  hereafter  mentioned  the  applicant  must  first 
secure  what  are  known  as  "first  papers"  or  "declaratory  papers,"  and  at 
least  two  years  must  elapse  thereafter  before  final  or  papers  of  citizenship 
can  issue.  The  applicant  must  have  resided  in  the  United  States  at  least 
five  years  before  final  papers  can  issue. 

Aliens  who  served  in  the  regular  or  volunteer  army  of  the  United  States, 
and  who  have  been  honorably  discharged,  are  not  required  to  take  out  first 
papers,  but  may  upon  petition  to  the  court  be  made  citizens,  by  proving  one 
year's  residence  and  such  honorable  discharge,  and  producing  such  evidences 
of  good  moral  character  as  is  required  in  all  cases. 

Any  alien  who  became  a  resident  of  the  United  States  at  the  age  of 
eighteen  years  or  under  and  has  continued  to  reside  therein  may  be  made  a 
full  citizen  at  any  time  after  he  has  been  a  resident  five  years  and  has  reached 
the  age  of  twenty-one  years.  He  is  not  required  to  take  out  declaratory  papers. 

When  one  who  has  taken  out  "first  papers"  dies  before  becoming  fully 
naturalized,  his  widow  and  children  shall  be  considered  citizens  and  entitled 
to  all  rights  and  privileges  as  such  upon  taking  the  oath  prescribed  for  those 
becoming  full  citizens. 


ELIGIBILITY  OF  WOMEN  AS  TO  SCHOOLS  AND 
LIBRARY  BOARDS. 

An  Amendment  to  Section  Eight  (8)  of  Article  Seven  (7)  of 
the  Constitution  of  the  State  of  Minnesota. 

Sec.  8.  Women  may  vote  for  school  officers  and  members 
of  library  boards,  and  shall  be  eligible  to  hold  any  office  per- 
taining to  the  management  of  schools  or  libraries. 

Any  woman  of  the  age  of  twenty-one  (21)  years  and  upward 
and  possessing  the  qualifications  requisite  to  a  male  voter,  may 
vote  at  any  election  held  for  the  purpose  of  choosing  any  offi- 
cers of  schools  or  any  members  of  library  boards,  or  upon  any 
measure  relating  to  schools  or  libraries,  and  shall  be  eligible 
to  hold  any  office  pertaining  to  the  management  of  schools  and 
libraries. 


The  Primary  Election  Law 

And  Other  Acts 

* 

BEING 

CHAPTER  6  OF  REVISED  LAWS  1905,  AND  CHAPTERS  92,  134,  149,  214,  267 , 

SESSION  LAWS  1905  AND  CHAPTERS  108,  226,  365,  429  AND  475, 

SESSION  LAWS  OF  1907,  AND  CHAPTERS  64,  76,  95, 

125  AND  175,  SESSION  LAWS  OF  1909. 

SECTION  NUMBERS  CORRESPOND  WITH  NUMBERS  IN  1905 
REVISED  LAWS. 


ELECTIONS. 

Section  153.  General,  when  held — What"  officers  chosen — 
Presidential  electors — A  general  election  shall  be  held  in  the 
several  election  districts  on  the  first  Tuesday  after  the  first 
Monday  of  November  in  each  even-numbered  year.  All  elect- 
ive state  and  county  officers,  judges  of  the  supreme  and  dis- 
trict courts,  members  of  the  legislature,  and  representatives 
in  Congress  shall  be  elected  at  the  general  election  next  be- 
fore the  respective  terms  thereof  shall  expire.  And  at  such 
election  held  in  the  year  preceding  the  expiration  of  a  term 
of  President  of  the  United  States,  presidential  electors  shall 
also  be  chosen. 

Sec.  154.  Definition  of  terms — Unless  another  meaning  be 
clearly  indicated  by  the  context,  the  terms  "city"  and  "village," 
as  used  in  this  chapter,  shall  mean  an  incorporated  city  or  vil- 
lage, and  the  latter  shall  include  boroughs.  "Municipality" 
shall  mean  an  incorporated  place,  and  "municipal  corporation" 
shall  include  municipalities,  counties,  and  towns.  "Council" 
shall  mean  the  governing  body  of  a  municipality,  and  "munici- 
pal election"  the  election  of  officers  of  a  municipality.  "Peace 
officer"  shall  include  sheriffs,  constables,  policemen,  and  citi- 
zens appointed  and  empowered  to  perform  any  of  their  duties. 
"Judge"  and  "clerk"  shall  mean  the  judges  and  clerks  of  elec- 
tion respectively,  "district"  an  election  district,  and  "voter" 
an  elector  qualified  to  vote  at  the  election  or  upon  the  question 


6  THE  ELECTION  LAWS 

referred  to.  "Senator"  and  "representative"  shall  mean  sen- 
ators and  representatives  in  the  legislature,  and  "polls"  shall 
include  the  place  of  voting.  "Contestant"  shall  mean  the  per- 
son who  begins  any  proceeding  to  contest  the  result  of  an 
election,  and  "contestee"  the  party  adverse  thereto. 

Sec.  155.  Term  of  office,  when  it  begins — The  term  of  office 
of  every  state  and  county  officer  shall  begin  on  the  first  Monday 
in  January  next  succeeding  his  election,  unless  otherwise  pro- 
vided by  law. 

Sec.  156.  Election  districts — How  constituted  and  altered— 
Each  town,  each  village  that  is  separated  from  the  town  for 
election  purposes,  and  each  city  ward,  shall  constitute  at  least 
one  election  district. 

No  district,  when  first  formed,  shall  contain  more  than  four 
hundred  male  voters,  provided,  however,  that  where  two  voting 
machines  are  used  in  any  election  district,  the  said  districts, 
when  so  framed  shall  contain  no  more  than  six  hundred  male 
voters. 

And  the  council  or  town  board  shall  so  divide,  consolidate, 
and  re-arrange  the  districts  from  time  to  time  that  the  number 
of  voters  in  each  shall  be  substantially  equal,  and  not  exceed 
four  hundred. 

All  such  changes  shall  be  made  by  resolution  adopted  at  least 
six  weeks  before  the  next  ensuing  election,  and  sixty  days  post- 
ed notice  thereof  shall  be  given  before  the  change  shall  take 
effect. 

Provided,  that  in  cities  or  villages  in  this  state  having  less 
than  two  thousand  population,  divided  into  separate  wards  or 
when  such  city  or  village  is  so  platted  so  as  to  be  situate  in 
two  adjoining  counties,  the  city  or  village  council  of  such  city 
or  village  may  by  resolution  adopted  at  least  thirty  days  prior 
to  any  general  or  special  election  designate  a  single  voting 
place  in  said  city  or  village  in  which  election  for  the  entire 
city  or -village  shall  be  held  and  one  set  of  election  officials 
presiding  thereat  shall  be  sufficient,  providing,  however,  that 
a  separate  ballot  box  for  each  election  district  shall  be  provided, 
in  which  the  votes  of  such  election  district  shall  be  deposited 
and  separate  record  kept  therefor. 


OF  MINNESOTA  FOR  1'JOo.  7 

When  such  single  voting  place  has  been  so  designated,  it 
shall  so  continue  until  changed  by  resolution  of  said  council 
adopted  at  least  thirty  days  prior  to  a  subsequent  election, 
(c.  125,  c.  175,  G.  L.  '09) 

Sec.  157.  Map  or  description  to  be  made  and  posted — When 
a  ward  is  so  divided,  the  council  shall  make  a  map  or  descrip- 
tion of  each  division,  defining  it  by  known  boundaries,  and 
file  the  same  with  the  city  or  village  clerk,  who  shall  keep  the 
same  open  for  inspection  at  all  times,  and  post  copies  of  the 
same  in  at  least  five  of  the  most  public  places  in  each  dis- 
trict. Such  council  shall  furnish  copies  thereof  to  the  judges 
for  use  at  the  election. 

Sec.  158.  Notices  to  be  furnished  auditors  and  clerks — Be- 
tween July  i  and  September  i  in  each  election  year  the  secre- 
tary of  state  shall  cause  to  be  delivered  to  the  auditor  of  each 
county  a  notice,  specifying  all  the  officers  to  be  voted  for 
throughout  such  county  at  the  next  general  election,  and  each 
auditor,  on  receipt  thereof,  shall  cause  a  like  notice  to  be  de- 
livered to  each  town,  city,  and  village  clerk  in  his  county. 

Sec.  159.  Blanks  and  copies  of  law,  how  provided  and  dis- 
tributed— At  least  sixty  days  before  every  general  election,  the 
secretary  of  state  shall  transmit  to  each  county  auditor  a 
sufficient  number  of  suitable  blank  forms  for  lists,  registers, 
and  affidavits,  and  such  other  blanks  as  are  required  in  prep- 
aration for  and  conduct  of  such  election;  also  copies  of  this 
chapter,  or  of  so  much  thereof  as  pertains  to  the  duties  of 
election  officers.  The  auditor  shall  forthwith  deliver  to  the 
clerk  of  every  city,  town,  and  village  in  his  county  the  necessary 
copies  of  each  of  such  blanks,  and  one  copy  of  the  law  for  each 
judge. 

Sec.  1 60.  Special  elections,  when  and  how  called  and  con- 
ducted— Whenever,  by  reason  of  a  tie  vote,  there  shall  be  a 
failure  to  elect  any  state  or  county  officer,  member  of  the  legis- 
lature, or  representative  in  Congress,  and  whenever  any  va- 
cancy occurs  in  any  of  such  offices  which  is  not  otherwise  pro- 
vided for,  the  governor,  within  ten  days  after  he  is  informed 
of  such  failure  or  vacancy,  shall  issue  a  proclamation  directing 
a  special  election  to  be  held,  at  a  time  therein  specified  not 
more  than  twenty  days  from  the  date  thereof,  to  fill  such 
office.  One  copy  of  such  proclamation  shall  be  mailed  to  the 


8  THE  ELECTION  LAWS 

auditor  of  each  county  wherein  such  special  election  is  to  be 
held.  But  if  the  vacancy  occur  in  the  office  of  representative 
in  Congress  or  member  of  the  legislature,  and  there  be  no  ses- 
sion of  the  Congress  or  legislature  between  the  happening 
thereof  and  the  next  general  election  occurring  twenty-eight 
or  more  days  thereafter,  the  vacancy  shall  be  filled  at  such  gen- 
eral election.  Such  special  election  shall  be  called,  held,  and 
conducted,  and  the  returns  thereof  made  and  canvassed,  in 
the  same  manner  as  in  the  case  of  general  elections ;  and  within 
fifteen  clays  thereafter  the  auditor  shall  transmit  a  statement 
of  the  vote  cast  thereat  to  the  secretary  of  state. 

Sec.  161.  Vacancy  after  division  of  district,  who  may  vote — 
No  change  in  the  boundaries  of  any  legislative  district  shall 
be  effective  as  to  any  election  to  fill  a  vacancy  in  the  repre- 
sentation therefrom  when  the  term  of  the  office  which  has 
become  vacant  commenced  before  such  change  was  made. 

Sec.  162.  Printed  instructions  to  voters — Uniform  instruc- 
tions to  voters,  printed  in  large  type  upon  cards  or  heavy 
paper,  shall  be  furnished  by  the  secretary  of  state  to  the  auditor 
of  each  county,  containing  such  information  as  will  enable 
the  voters  quickly  and  correctly  to  designate  their  choice. 
Whenever  the  auditor  of  any  county  shall  notify  the  secretary 
of  state  that  such  instructions  are  also  needed  in  any  specified 
foreign  language,  the  secretary  shall  furnish  the  same.  Such 
cards  shall  be  sufficient  in  number  to  allow  one  for  each  booth, 
and  four  additional  for  eacli  district;  and  the  auditor  shall  de- 
liver such  cards  to  the  city,  village,  and  town  clerks  in  his 
county,  who  shall  cause  one  to  be  posted  in  each  booth,  two 
in  the  polling  room,  and  two  on  the  outside  of  the  building  in 
which  the  voting  takes  place. 

Sec.  163.  Duty  of  officers—Proclamation  by  mayor — The 
mayor  and  all  peace  officers  shall  see  that  the  law  in  relation 
to  the  sale  and  use  of  intoxicating  liquors  on  election  days  is 
strictly  enforced,  and  the  mayor  of  each  city,  on  the  day  pre- 
ceding any  election  therein,  shall  issue  a  proclamation  that  the 
same  will  be  so  enforced ;  but  the  failure  to  issue  such  proclama- 
tion shall  not  exempt  any  person  violating  said  law  from  the 
penalties  thereof. 

Sec.  164.  Sample  ballots— Notice — All  ballots  shall  be  print- 
ed as  hereinafter  prescribed,  except  where  voting  machines 


OF  MINNESOTA  FOR  1905.  1) 

have  been  provided.  At  least  three  weeks  before  any  general 
election,  the  secretary  of  state  shall  mail  to  the  auditor  of 
each  county  sample  copies  of  the  official  state  ballots,  and  at 
least  two  weeks  before  such  election  the  auditor  shall  cause 
one  week's  published  notice  to  be  given  of  the  contents  of  the 
official  ballots  for  state  and  county  officers.  (24;  '95  c.  275) 

Submit  to  vote — Separate  ballot  box — All  questions  relating 
to  the  adoption  of  a  city  charter  or  any  amendments  thereto, 
or  any  proposition  for  the  issuance  of  -bonds,  by  any  munici- 
pality as  provided  for  by  any  statutes  of  this  state  enacted  in 
pursuance  of  section  36  of  article  IV.  of  the  Constitution  of 
Minnesota,  submitted  at  any  election  to  the  electors  of  the 
municipality,  shall  be  printed  on  one  separate  lavender  colored 
ballot  and  shall  be  prepared,  printed  and  distributed  under 
the  direction  of  the  city  clerk  at  the  same  time,  and  in  the 
same  manner  as  other  city  ballots.  Such  ballots,  when  voted, 
shall  be  deposited  in  a  separate  ballot  box,  painted  in  a  laven- 
der color,  to  be  procured  by  the  local  authorities  for  each 
voting  precinct.  Such  ballot  shall  be  canvassed,  counted  and 
returned  and  the  result  thereof  declared  in  the  same  manner 
as  other  city  ballots.  The  person  under  whose  direction  tally 
sheets  and  blanks  for  election  returns  are  printed  shall  print 
such  tally  sheets  and  blanks  for  election  returns  in  such  man- 
ner as  to  provide  appropriate  spaces  and  columns  for  count- 
ing, canvassing  votes  and  making  proper  returns  for  the  ques- 
tion so  placed  on  such  lavender  colored  ballot.  (1905  c.  87) 

Sec.  165.  White  ballot — Contents — How  provided  and  dis- 
tributed— There  shall  be  one  ballot  on  plain  white  paper,  called 
in  this  chapter  the  "white  ballot,"  upon  which  the  names  of 
all  candidates  for  offices  to  be  voted  for  throughout  the  state 
shall  be  printed.  It  shall  be  prepared  under  the  direction  of 
the  secretary  of  state,  and  bound  in  blocks  of  fifty;  and  a  suffi- 
cient number  thereof  to  enable  the  clerks  to  comply  with  the 
provisions  of  this  chapter  shall  be  by  him  forwarded  by  ex- 
press to  the  auditor  of  each  county  at  least  fifteen  days  before 
the  election,  and  receipts,  stating  the  number  and  date  when 
received,  taken  therefor.  On  the  fourth  Tuesday  preceding 
the  day  of  election,  the  secretary  of  state  shall  file  a  sample 
thereof  in  his  office  for  public  inspection.  (25;  '97  c.  190) 


10  THE  ELECTION  LAWS 

Sec.  1 66.  Pink  ballots  for  constitutional  and  other  ques- 
tions— The  secretary  of  state  shall  also  prepare  and  distribute 
a  ballot  printed  on  pink  paper,  hereinafter  called  the  "pink 
ballot,"  upon  which  all  propositions  and  questions  to  be  voted 
upon  throughout  the  state  shall  be  so  printed  that  the  voter 
may  conveniently  indicate  by  a  mark  (X)  either  a  negative 
or  an  affirmative  answer  to  each.  Such  ballots  shall  be  de- 
posited in  a  separate  box,  painted  pink.  They  shall  be  counted, 
canvassed,  and  returned  as  in  the  case  of  the  white  ballots, 
and  the  tally  sheets  and  return  blanks  shall  provide  suitable 
columns  and  spaces  therefor.  ('03  c.  251) 

Sec.  167.  Red  ballot  for  city  elections — There  shall  be  one 
ballot  on  red  paper,  hereinafter  called  the  "red  ballot,"  upon 
which  the  names  of  all  candidates  for  city  offices,  and  all  ques- 
tions and  propositions  relating  exclusively  to  city  affairs,  shall 
be  printed.  It  shall  be  prepared  under  the  direction  of  the 
city  clerk,  and  bound  in  blocks  of  fifty,  and  together  with  the 
other  ballots  and  the  instructions  provided  for  in  this  chapter, 
shall  be  by  him  delivered  to  the  judges  of  election  for  each 
polling  place,  and  a  receipt  taken  therefor,  stating  the  num- 
ber of  each  color  and  the  date  when  received.  On  the  Tues- 
day next  preceding  election  day,  such  clerk  shall  file  a  sample 
printed  ballot  in  his  office  for  public  inspection. 

Sec.  1 68.  Blue  ballots — Contents — How  furnished  and  dis- 
tributed— There  shall  be  one  ballot  on  blue  paper,  called  in 
this  chapter  the  "blue  ballot,"  upon  which  shall  be  printed  the 
names  of  all  candidates  for  office,  and  all  questions  and  prop- 
ositions to  be  submitted,  except  those  required  to  be  placed 
on  other  ballots.  It  shall  be  prepared  under  the  direction  of 
the  county  auditor,  and,  together  with  the  white  and  pink  bal- 
lots, shall  be  delivered  by  such  auditor  to  the  proper  clerks 
in  sufficient  quantities  to  enable  them  to  comply  with  the  pro- 
visions of  this  chapter.  The  auditor  shall  give  timely  notice 
by  mail  to  the  clerks  of  the  time  when  the  official  ballots  will 
be  ready ;  and  such  clerks,  on  the  Thursday  next  preceding 
election  day,  shall  go  to  the  county  seat  and  receive  them,  and 
give  receipts  therefor,  stating  the  number  of  each  and  the  date 
when  received.  On  the  second  Thursday  preceding  electior 
day,  the  auditor  shall  file  a  sample  of  such  ballot  in  his  offia 
for  public  inspection. 


OF  MINNESOTA  FOR  1905.  11 

Shall  be  sent  by  mail  or  express — Wherever  the  primary 
and  general  election  laws  now  provide  that  the  village  and 
town  clerks  and  judges  of  election  in  unorganized  towns,  go 
to  the  county  seat  and  receive  the  official  ballots  hereafter  the 
auditor  of  each  county  shall,  at  least-  one  week  before  the  day 
of  election,  send  by  registered  mail  or  express  to  the  village 
and  town  clerks  and  judges  of  election,  the  official  ballots  that 
each  is  entitled  to  receive ;  also,  sealing  wax,  stamp,  and  the 
necessary  postage  to  register  and  mail  the  election  returns  and 
other  papers,  as  provided  in  section  two  (2)  of  this  act. 

Return  to  county  auditor — And  wherever  the  said  election 
laws  require  the  election  returns  and  other  papers  to  be  deliv- 
ered to  the  county  auditor  by  one  of  the  judges  or  other  man- 
ager hereafter  such  returns  and  other  papers  shall,  in  the  pres- 
ence of  all  the  judges  of  election,  be  deposited  in  duplicate, 
each  in  a  separate  envelope,  one  of  which  shall  be  sewed  by 
drawing  a  substantial  twine  through  said  envelope  and  said 
returns,  and  tying  the  ends  of  said  twine  together,  and  then 
seal  said  envelope,  with  a  stamp  furnished  by  the  county  au- 
ditor, in  three  places,  having  one  of  the  seals  over  the  knot  in 
said  twine.  Said  judges  shall  designate  one  of  their  number 
to  take  within-  twenty-four  hours,  said  envelopes,  containing 
said  election  returns  and  other  papers,  to  the  nearest  post- 
office,  and  cause  them  to  be  registered  and  mailed  to  the  county 
auditor  at  his  office.  The  person  mailing  such  election  returns 
and  other  papers  shall  receive  for  his  compensation  the  sum  of 
one  dollar,  and  also  ten  cents  per  mile  for  each  mile  necessarily 
traveled  in  going  to  and  returning  from  the  postoffice  where 
such  election  returns  were  mailed ;  said  compensation  to  be 
paid  out  of  the  county  treasury. 

Should  the  judge  of  election  so  designated  fail  to  register  and 
mail  said  election  returns  and  other  papers  within  the  time 
herein  specified  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  punished  accordingly.' 

Provided,  however,  that  this  act  shall  not  apply  to  election 
districts  where  the  place  of  holding  the  polls  is  within  ten  (10) 
miles  of  the  office  of  the  county  auditor  by  the  nearest  traveled 
route.  (1905  c.  214) 

Sec.  169.  Number  of  ballots  provided — At  least  one  hun- 
dred ballots  of  each  kind  to  be  voted  shall  be  provided  by  the 


12  THE  ELECTION  LAWS 

clerk  for  each  polling  place  for  every  seventy-five  voters  there 
registered  at  the  preceding  election.  If  for  any  known  reason 
a  greater  number  may  be  needed,  sufficient  additional  ballots 
shall  be  furnished. 

Sec.  1 70.  General  description  of  ballot — Uniformity  required 
— All  ballots  shall  be  printed  with  black  ink  on  paper  of  suffi- 
cient thickness  to  prevent  the  printing  thereon  from  being 
discernable  from  the  back ;  all  ballots  of  the  same  color  shall 
be  substantially  uniform  as  to  style,  size,  thickness,  and  shade 
of  color;  and  the  same  type  shall  be  used  for  the  names  of  all 
candidates  on  the  same  -ballot.  Whenever  ballots  of  any  class 
are  printed  on  paper  of  the  same  general  tint,  but  varying  in 
shade,  those  used  in  any  one  district  shall  be  of  the  same  shade. 

Sec.  171.  White  and  pink  ballots — General  description — The 
white  and  pink  ballots  shall  be  not  less  than  four  nor  more  than 
six  inches  wide,  and  asl  ong  as  the  list  of  candidates  to  be  voted 
for  or  the  questions  submitted  may  require,  and  shall  contain, 
in  such  order  of  precedence  as  the  secretary  of  state  shall  direct, 
conformably  to  this  chapter,  the  official  title  of  all  offices  proper 
to  be  placed  thereon,  followed  by  the  names  of  the  candidates 
for  each.  Such  ballots  shall  be  headed  by  the  words  "State 
Ballot"  in  heavy-faced  plain  letters,  not  smaller  than  long 
primer  nor  larger  than  great  primer,  with  a  heavy  rule  above 
'and  below  the  same. 

Sec.  172.  Same— rNames,  etc.,  how  printed — The  name  of 
each  candidate  and  of  the  office  to  be  filled  shall  be  printed 
at  right  angles  with  the  length  of  the  ballot,  in  plain  Roman 
type,  not  larger  than  long  primer  nor  smaller  than  brevier; 
the  name  of  each  candidate  in  capital  letters,  preceded  on  the 
same  line  ^by  the  title  of  the  office  in  capitals  and  small  letters. 
Except  in  case  of  presidential  electors  each  name  shall  be  fol- 
lowed on  the  same  line,  in  upper  and  lower  case  letters,  by  the 
party  designation  of  the  candidate.  At  the  right  of  and  on 
a  line  with  such  names  and  designations,  near  the  margin, 
there  shall  be  a  space  so  inclosed  by  rule  work  as  to  make  a 
square  three-eighths  of  an  inch  in  size,  in  which  the  voter  may 
designate  his  choice  by  a  mark  (X).  Above  and  below  each 
name  shtdl  be  printed  across  the  ballot  a  light  line,  except  that 
above  and  below  each  office  a  heavier  line  shall  be  so  printed. 
Below  the  name  of  the  last-named  candidate  for  each  office 


OF  MINNESOTA  FOR  1905.  13 

shall  be  placed  as  many  blank  lines  as  there  are  offices  of  the 
kind  to  be  filled,  preceded  by  the  title  of  such  office.  The 
spaces  for  the  names  of  candidates  shall  be  three-eighths  of  an 
inch  wide.  At  right  angles  with  such  lines  and  at  the  right 
of  the  small  squares  shall  be  printed  opposite  each  office  the 
words  "Vote  for  one,"  or  "Vote  for  two,"  or  more,  according 
to  the  number  to  be  elected. 

Sec.  173.  Same — Written  names — Party  precedence — Like 
squares  shall  be  placed  at  the  right  of  the  blank  lines,  and  on 
such  lines  the  voter  may  write  the  names  of  persons  for  whom 
he  desires  to  vote  whose  names  are  not  printed,  and  in  the 
square  opposite  the  same  he  may  make  marks  as  in  the  case  of 
printed  names.  The  first  name  printed  for  each  office,  or  group 
of  names  if  more  than  one  is  to  be  voted  for  the  same  office, 
shall  be  that  of  the  candidate  of  the  political  party  which  at 
the  last  preceding  general  election  polled  the  largest  number 
of  votes,  the  same  to  be  determined  by  the  average  vote  re- 
ceived by  such  of  its  candidates  as  were  not  indorsed  by  any 
other  party;  and,  in  case  all  of  the  state  candidates  of  any 
political  party  were  indorsed  or  renominated  by  another  party, 
the  position  of  the  candidates  of  either  such  nominating  or 
indorsing  party  shall  be  determined  by  taking  the  average  vote 
of  its  candidates  at  the  last  preceding  election  wherein  they 
were  not  so  indorsed.  In  like  manner  the  second  and  succeed- 
ing lines  shall  be  filled  with  the  names  of  candidates  of  the  other 
political  parties  receiving  respectively  the  highest  number  of 
votes. 

Sec.  174.  Same — Nominees  by  petition — Instruction  to  vot- 
ers— The  names  of  candidates  nominated  by  petition  shall  fol- 
low those  of  candidates  of  conventions  in  the  order  in  which 
the  petitions  are  filed.  Each  such  ballot  shall  contain,  above 
the  first  name  thereon,  the  words  "Put  a  cross  (X)  opposite 
the  name  of  each  candidate  you  wish  to  vote  for,  in  the  square 
indicated  by  the  arrow,"  and  on  a  line  with  such  words  and 
over  such  squares  shall  be  printed  a  small  arrow,  or  point  there- 
of, pointing  downward. 

Sec.  175.  Same — Presidential  electors — Groups  voted  for  to- 
gether— When  presidential  electors  are  to  be  voted  for,  the 
candidates  of  each  party  therefor  shall  be  grouped  and  printed 
together,  the  names  of  each  group  to  be  arranged  in  the  order 


14  THE  ELECTION  LAWS 

in  which  they  were  filed.  The  political  or  party  designation 
shall  be  printed  as  in  the  case  of  other  candidates,  and  the 
entire  group  of  electors  of  each  party  shall  be  inclosed  by  a 
scroll  or  bracket,  to  the  right  and  opposite  the  center  of  which 
shall  be  printed  in  bold  type  the  surname  of  the  presidential 
candidate  represented.  To  the  right  of  and  on  a  line  with  such 
surname,  near  the  margin,  shall  be  placed  a  square,  in  which 
the  voter  may  indicate  his  choice  by  a  mark  (X),  and  one  such 
mark  opposite  a  group  of  presidential  electors  shall  be  counted 
as  a  vote  for  each  elector  in  such  group.  The  relative  position 
of  the  several  groups  shall  be  determined  by  the  rules  ap- 
plicable to  other  state  officers.  The  groups  of  electors  shall 
be  separated  by  a  blank  space  at  least  one  inch  in  width,  and 
no  blank  lines  shall  be  printed  therein  as  in  the  case  of  other 
candidates  or  groups.  Above  the  names  of  the  electors  shall 
be  printed  in  bold  type,  "Presidential  ticket,  vote  once  oppo- 
site group."  The  state  ballot,  with  the  required  heading,  shall 
be  printed  below  the  electors,  with  a  blank  space  between,  one 
inch  in  width.  (30;  '01  c.  109) 

Sec.  176.  Party  name — Use  of  on  ballot — A  political  party 
which  has  adopted  a  party  name,  and  whose  state  candidates, 
or  any  of  them,  polled  at  the  preceding  general  election  at 
least  one  per  cent,  of  the  vote  cast,  shall  be  entitled  to  the 
exclusive  use  of  such  name  for  the  designation  of  its  candi- 
date on  the  official  ballot,  and  no  candidate  of  any  other  party 
shall  be  entitled  to  have  printed  thereon  as  a  party  designa- 
tion any  part  of  such  name.  Nor  shall  any  person  be  named 
on  the  official  ballot  as  the  candidate  of  more  than  one  party, 
or  of  any  party  other  than  that  whose  certificate  of  his  nomina- 
tion was  first  properly  filed.  (30;  '01  c.  312;  '03  c.  232) 

Sec.  177.  Form  of  other  ballots — The  blue  and  red  ballots 
shall  be  prepared  and  printed  as  nearly  as  may  be  in  the  same 
manner  as  the  white,  and,  when  a  general  election  is  to  be 
held  at  the  same  time,  the  several  tickets  shall  be  arranged 
in  the  same  order  as  on  the  white  ballots,  regardless  of  the 
vote  polled  in  any  particular  county  or  municipality.  When 
not  held  in  conjunction  with  a  general  election,  the  local  party 
tickets  shall  be  placed  on  the  ballot  in  the  order  of  the  vote 
polled  by  the  parties  at  the  last  general  election  within  the 
territory  in  which  the  election  is  to  be  held. 


OF  MINNESOTA  FOR  1905.  15 

Sec.  178.  Ballot,  how  printed  on  back — On  the  back  of  each 
ballot  shall  be  printed,  in  plain  type  not  smaller  in  size  than 
great  primer,  the  words  "Official  Ballot,"  the  date  of  the  elec- 
tion, a  facsimile  of  the  official  signature  of  the  officer  under 
whose  direction  the  ballot  is  printed,  and  lines  for  the  initials 
of  two  judges  of  election.  Such  printing  shall  be  so  placed  as 
to  be  visible  when  the  ballot  is  properly  folded  for  deposit. 
(32;  'or  c.  88  c.  i) 

Sec.  179.  Ballot  to  contain  only  candidates  properly  nom- 
inated— Only  the  names  of  duly  nominated  candidates  shall 
be  placed  upon  the  ballots,  and  no  ballot  shall  be  furnished  to 
the  judges  of  any  district  which  contains  the  name  of  a  can- 
didate who  cannot  properly  be  voted  for  therein. 

Sec.  1 80.  Rotation  of  names,  when  required — Whenever  two 
or  more  persons  are  to  be  elected  to  the  same  office,  the  names 
of  all  candidates  of  the  several  political  parties  for  such  office 
shall  be  so  alternated  on  the  ballots  used  in  each  election  dis- 
trict that  they  shall  appear  thereon  substantially  an  equal 
number  of  times  at  the  top,  at  the  bottom,  and  in  each  inter- 
mediate place,  if  any,  of  the  list  or  group  in  which  they  belong. 
All  officers  charged  with  the  preparation  and  distribution  of 
such  ballots  shall  cause  the  printer's  forms  to  be  so  transposed 
and  the  blocks  of  ballots  to  be  so  made  up  as  to  carry  out  the 
intent  hereof:  Provided,  that  nothing  in  this  section  shall  apply 
to  the  office  of  presidential  elector.  (34;  '01  c.  88  s.  3) 

NOMINATIONS  BY  DIRECT  VOTE. 

Sec.  181.  Primary  election— Purpose — Time  of  holding — 
Notice — On  Tuesday,  seven  weeks  preceding  any  election,  an 
election  of  party  nominees,  hereinafter  designated  as  the  "pri- 
mary election,"  shall  be  held  in  each  election  district  for  the 
selection  of  party  candidates  for  all  elective  offices,  except 
offices  of  towns,  villages  and  cities  of  the  fourth  class,  and 
state  offices,  and  members  of  school,  park  and  library  boards 
in  cities  having  less  than  one  hundred  thousand  inhabitants. 
Every  town,  city  and  village  clerk  shall  give  at  least  fifteen 
days'  posted  notice  of  the  time  and  place  of  holding  the  same, 
of  the  hours  during  which  the  polls  will  be  open,  and  of  the 


16  THE  ELECTION  LAWS 

offices  for  which  candidates  are  to  be  nominated.  The  day 
of  such  primary  election  shall  be  the  first  day  of  registration. 
('99  c.  349  ss.  i,  7;  '01  c.  216  s.  i) 

Sec.  182.  Political  party  defined — Nominations,  how  made — 
A  political  party,  within  the  meaning  of  this  chapter,  is  one 
which  shall  have  maintained  in  the  district  or  territorial  divi- 
sion in  question  a  party  organization,  and  presented  candidates 
for  election,  at  three  or  more  biennial  elections  within  the  pre- 
ceding ten  years;  or  whose  members,  to  a  number  equal  to  at 
least  ten  per  cent,  of  the  total  number  of  votes  cast  at  the 
preceding  general  election  in  the  county  where  the  applica- 
tion is  made,  shall  present  to  the  auditor  a  petition  for  a  place 
upon  the  primary  election  ticket.  Candidates  for  office  shall  be 
chosen  by  the  several  political  parties  at  such  primary  election, 
and  not  otherwise ;  but  nothing  herein  shall  prevent  the  nomina- 
tion of  candidates  by  groups,  individuals,  or  so-called  political 
parties  which  cannot  be  recognized  as  such,  by  certificate  of 
voters  to  the  number  hereinafter  specified.  ('99  c.  349  s.  2) 

Sec.  183.  Election  districts  for  primary  elections — The  pri- 
mary election  shall  be  held,  in  the  several  districts  established 
for  the  election  next  ensuing,  at  the  place  where  the  last  elec- 
tion was  held,  or  such  other  place  as  may  be  lawfully  fixed. 
All  officers  required  by  law  to  establish,  divide,  or  combine 
election  districts  shall  perform  their  duties  in  that  behalf  at 
least  two  weeks  prior  to  such  election.  The  maps  or  descrip- 
tions of  districts  shall  be  posted  at  least  one  week  preceding 
such  election,  and  copies  thereof  shall  be  furnished  to  the  judges 
of  election.  ('99  c.  349  ss.  3,  7) 

Sec.  184.  Names  of  candidates,  when  placed  on  primary 
ballot — At  least  twenty  days  before  the  primary  election,  any 
person  eligible  and  desirous  of  having  his  name  placed  upon 
the  primary  ballot  as  a  candidate  for  any  office,  shall  file  his 
affidavit  with  the  secretary  of  state  when  to  be  voted  for  in 
more  than  one  county,  and  with  the  county  auditor  when 
in  a  single  county,  stating  his  residence,  that  he  is  a  qualified 
voter  in  the  subdivision  where  he  seeks  a  nomination,  the  name 
of  his  party,  and  the  office  for  which  he  desires  to  be  a  candi- 
date ;  that  he  affiliated  with  said  party  at  the  last  general  elec- 
tion, and,  either  that  he  did  not  vote  thereat  or  voted  for  a 
majority  of  the  candidates  of  said  party  at  such  election  and 


OF  MINNESOTA  FOR  1905.  17 

intends  to  so  vote  at  the  ensuing  election.  Upon  payment  by 
such  candidate  to  the  secretary  of  state  of  twenty  dollars,  if 
for  any  office  to  be  voted  for  in  more  than  one  county,  or  if 
for  any  office  to  be  voted  for  in  only  one  county,  upon  pay- 
ment of  ten  dollars  to  the  county  auditor  thereof,  the  county 
auditor  shall  place  the  name  of  such  candidate  upon  the  primary 
election  ballot  of  the  party  designated ;  provided,  however,  that 
candidates  for  the  legislature  shall  pay  ten  dollars  only  to  the 
secretary  of  state  when  the  affidavit  or  petition  is  filed  with  him 
and  ten  dollars  to  the  county  auditor  when  filed  with  him. 
(c.  95,  G.  L.  1909) 

Sec.  185.  Order  of  filing — Fees,  how  disposed  of — The  sec- 
retary of  state  and  county  auditor  respectively  shall  number 
each  affidavit  and  petition  in  numerical  order  as  received.  The 
auditor  shall  immediately  pay  to  the  city  treasurer  all  fees  paid 
by  candidates  for  city  offices,  and  all  other  fees  received  from 
candidates  to  the  county  treasurer.  Immediately  after  the  last 
day  for  filing  nomination  affidavits  or  petitions,  the  secretary  of 
state  shall  divide  the  amount  of  all  fees  paid  to  him  by  candi- 
dates equally  between  the  counties  within  which  such  candi- 
dates are  to  be  voted  for,  and  certify  such  division  to  the  state 
auditor,  who  shall  issue  warrants  therefor  on  the  state  treasurer 
for  the  amount  due  to  each  county,  (c.  95,  G.  L.  1909) 

Sec.  1 86.  Voting  to  be  by  ballot — Sample  ballot — All  vot- 
ing at  a  primary  election  shall  be  by  ballot.  On  the  nineteenth 
day  before  a  primary  election  the  secretary  of  state  shall  cer- 
tify to  the  auditors  of  the  several  counties  the  names  of  all 
nominees  to  be  voted  for  within  such  counties  whose  certifi- 
cates have  been  properly  filed  with  him,  and  on  the  fourteenth 
day  before  such  primary  each  auditor  shall  group  all  candi- 
dates of  each  party  by  themselves,  and  prepare  for  public  in- 
spection a  separate  sample  ballot  for  each  party.  The  names 
shall  be  arranged  alphabetically  according  to  the  surnames, 
and  he  shall  post  the  sample  ballot  in  a  conspicuous  place  in 
his  office,  and  give  two  weeks'  published  notice  thereof.  One 
sample  ballot  only  of  each  party  shall  be  printed  for  any  county, 
and  thereon  shall  be  placed  the  names  of  all  candidates  to  be 
voted  for  in  such  county.  Each  ballot  shall  be  headed  by  the 
party  name,  the  words  "Primary  Election  Ballot,"  the  names 
of  the  county  and  state,  and  a  facsimile  of  the  official  signature 


18  THE  ELECTION  LAWS 

of  the  auditor  preparing  it.  Otherwise  the  ballot  shall  be 
arranged  in  the  same  general  manner  as  the  ballot  used  at  elec- 
tions, with  suitable  divisions  and  explanatory  notes.  Only  one 
sample  ballot  for  each  party  need  be  printed  for  any  city,  and 
thereon  shall  be  placed  the  names  of  all  the  candidates  to  be 
voted  for  in  the  entire  city,  those  to  be  voted  for  in  any  single 
ward  being  indicated  by  the  words  and  figures  "ist  Ward/' 
"2nd  Ward,"  and  so  on.  At  the  foot  of  the  ballot  shall  be 
placed  the  heading  "Ballot  for  Women,"  under  which  shall  be 
placed  the  names  of  candidates  to  be  voted  by  women.  ('99 
c.  349  s.  5;  '01  c.  216  s.  3) 

Sec.  187.  Preparation  of  ballots — Rotation  of  names — The 
auditor  shall  have  printed  a  sufficient  number  of  separate  pri- 
mary election  ballots  for  each  political  party,  varied  as  may  be 
necessary  for  the  several. districts  and  wards.  The  names  of 
candidates,  under  headings  designating  each  official  position, 
shall  be  alternated  on  the  ticket  in  the  printing  as  in  the  case 
of  election  ballots.  There  shall  be  no  printing  on  the  back  of 
the  ballots,  or  any  mark  to  distinguish  them  except  the  initials 
of  the  judge  or  clerk.  ('99  c.  349  s.  6) 

Sec.  1 88.  Election  officers  to  act  at  primary  election — The 
judges  and  clerks  of  election  shall  act  on  the  day  of  such  pri- 
mary election  both  as  judges  and  clerks  of  such  election  and  as 
registration  officers,  and  vacancies  may  be  filled  and  additional 
appointments  made  as  in  the  case  of  elections.  They  shall  re- 
ceive no  additional  pay  on  account  of  such  extra  service.  ('99 
c.  349  s.  8) 

Sec.  189.  Register — The  blanks  provided  for  registration 
of  voters  for  general  elections  shall  have  an  additional  column, 
headed  "Voted,  Primary  Election,"  and  be  used  at  such  elec- 
tion. No  names  of  voters  shall  be  placed  upon  said  register 
prior  to  the  day  of  such  election,  nor  shall  any  be  placed  there- 
on upon  said  day,  in  any  city,  except  the  names  of  those  who 
appear  in  person  before  the  boards  of  registration  for  that  pur- 
pose. ('99  c.  349  s.  8) 

Sec.  190.  Polling  places— Peace  officers — Ballot  boxes — So 
far  as  they  shall  be  applicable,  all  provisions  of  this  chapter  re- 
lating to  the  location  and  arrangement  of  polling  places,  peace 
officers,  procuring  registers,  ballots,  boxes,  and  other  supplies, 
opening  polling  places,  and  in  reference  to  challengers  and 


OF  MINNESOTA  FOR  1905.  19 

gatekeepers,  shall  apply  to  primary  elections;  except  that  only 
one  ballot  box  for  men  and  one  for  women  shall  be  required. 
.('99  c.  349  ss.  13,  14) 

Sec.  191.  Hours  for  voting — The  polls  shall  be  kept  open 
from  6  o'clock  a.  m.  until  9  o'clock  p.  m.,  and  the  officers  shall 
remain  in  session  during  th'e  same  hours  for  the  registration 
of  voters.  If  at  the  hour  of  closing  there  are  any  voters  in 
the  polling  place,  or  in  line  at  the  door,  who  are  qualified  to 
register  and  vote,  and  have  not  been  able  to  do  so  since  appear- 
ing, the  polls  shall  be  kept  open  a  sufficient  time  to  enable  them 
to  register  and  vote.  But  no  one  not  present  at  the  hour  of 
closing  shall  be  entitled  to  register  and  vote,  although  the  polls 
were  not  closed  when  he  arrived.  No  adjournment  or  inter- 
mission shall  be  taken  except  as  provided  in  the  case  of  elec- 
tions. ('99  c.  349  s.  15) 

Time  for  keeping  polls  open — All  present  may  vote — The 
polls  in  the  several  election  districts  on  the  primary  election 
day  shall  be  kept  open  for  the  purpose  of  voting,  and  the  same 
officers  shall  remain  in  session  for  the  purpose  of  registration 
of  voters,  for  the  same  length  of  time,  which  shall  be  from 
nine  (9)  o'clock  in  the  morning  until  nine  (9)  o'clock  in  the 
evening,  in  towns,  and  from  six  (6)  o'clock  in  the  morning 
until  nine  (9)  o'clock  in  the  evening  in  cities  and  villages  and 
in  places  where  incorporated  villages  and  townships  are  one 
election  precinct.  If  at  the  hour  of  closing  there  are  any  elect- 
ors in  the  polling  place,  or  in  line  at  the  door,  desiring  to  vote, 
and  who  are  qualified  to  register  and  participate  therein,  and 
have  not  been  able  to  do  since  appearing  at  the  polling  place, 
said  polls  shall  be  kept  open  reasonably  long  enough  after 
the  hour  for  closing  to  allow  those  present  at  that  hour  to 
register  and  vote.  No  one  not  present  at  the  hour  of  closing 
shall  be  entitled  to  register  and  vote  because  the  polls  may 
not  actually  be  closed  when  he  arrives. 

Announcing  result — No  adjournment  or  intermission  what- 
ever shall  take  place  until  the  polls  shall  be  clsed  and  until  all 
the  votes  cast  at  such  polls  have  been  counted  and  the  result 
publicly  announced;  but  this  shall  not  be  deemed  to  prevent 
any  temporary  recess  while  taking  meals  or  other  necessary 


20  THE  ELECTION  LAWS 

delay,  provided  that  the  board  shall  remain  in  session  and  that 
no  more  than  one  member  of  the  board  of  election  shall  at 
any  time  be  absent  from  the  polling  place.  (1905  c.  92) 

Sec.  192.  Qualification  of  voters — Manner  of  voting — Every 
person  qualfied  as  a  voter  may  register  therein  and  vote  at  such 
primary  election.  Having  registered,  and,  in  case  of  challenge, 
the  same  having  been  determined  in  his  favor,  he  shall  be 
entitled  to  a  ballot  of  the  political  party  whose  candidates  he 
shall  declare  (under  oath  if  his  right  thereto  is  questioned) 
that  he  generally  supported  at  the  last  election  and  intends 
to  support  at  that  next  ensuing,  except  that  when  voting  for 
the  first  time  he  shall  not  be  required  to  declare  his  past  political 
affiliation.  Such  ballot  shall  be  so  indorsed  with  the  initials 
of  two  of  the  judges  that  the  same  will  show  when  folded. 
He  shall  be  instructed  by  one  of  the  judges  as  to  the  proper 
method  of  marking  and  folding  his  bollot,  and  shall  then  retire 
to  an  unoccupied  booth,  and  without  undue  delay  mark  the 
same  with  the  indelible  pencil  there  found.  If  he  shall  spoil 
or  deface  such  ballot  he  shall  at  once  return  the  same  and  re- 
ceive another.  ('99  c.  349  ss.  16,  17;  '01  c.  216  s.  4) 

Sec.  193.  Marking  primary  ballots — The  voter  shall  desig- 
nate his  choice  on  the  ballot  by  marking  a  cross  (X)  in  the 
small  square  opposite  the  name  of  each  candidate  for  whom 
he  wishes  to  vote.  If  he  shall  mark  more  names  than  there 
are  candidates  to  be  nominated  for  any  office,  or  if  for  any 
reason  it  be  impossible  to  determine  his  choice  for  any  office, 
his  ballot  shall  not  be  counted  for  such  office ;  but  the  rest  of 
his  ballot,  if  properly  marked,  shall  be  counted.  No  ballot  shall 
be  rejected  for  any  technical  error  which  does  not  render  it 
impossible  to  determine  the  voter's  choice,  even  though  such 
ballot  be  somewhat  soiled  or  defaced.  ('99  c.  349  s.  17) 

Sec.  194.  .Folding  and  depositing  ballot— When  a  voter  has 
marked  his  ballot,  he  shall  fold  it  so  that  its  face  will  be  con- 
cealed and  only  the  initials  on  the  back  be  visible,  and  hand  the 
same  to  the  judge  in  charge  of  the  boxes.  Such  folded  ballot 
shall  be  placed  in  the  proper  box,  and  the  name  of  the  voter 
checked  upon  the  register  in  the  column  headed  "Primary  Elec- 
tion." So  far  as  applicable,  all  provisions  of  this  chapter  re- 
lating to  false  registration,  defacing  posted  lists,  time  allowed 
employes  for  voting,  ballots,  noting  room,  removal  from  dis- 


OF  MINNESOTA  FOR  1905.  21 

trict,  regulations  at  polling  places,  challenge  of  voters,  rules 
for  marking  ballots,  methods  of  voting,  violations  of  such  pro- 
visions, and  penalties,  shall  be  observed  and  enforced.  ('99 
c.  349  s.  18;  '01  c.  216  s.  5) 

Sec.  195.  Preliminary  to  canvass — As  soon  as  the  polls  are 
closed,  and  before  the  boxes  are  opened,  the  judges  and  clerks 
shall  prepare  upon  a  blank  furnished  by  the  auditor  a  state- 
ment substantially  as  follows :  "Poll-list  statement  of  primary 
election  held  in  (name  of  election  district,  town,  village,  or  city, 
and  date).  The  number  of  persons  whose  names  appear  upon 
the  register  as  present  at  the  above  named  primary  election 

was ,  of  whom .' were 

women.  The  number  of  ballots  cast  by  men  was , 

and  the  number  cast  by  women  was > ."  Such 

statements  shall  have  the  blanks  for  numbers  filled  by  words 
and  figures,. and  shall  be  signed  by  each  judge  and  attested  by 
each  clerk.  Such  judges  and  clerks  shall  place  in  the  register 
column  headed  "Voted,  Primary  Election,"  the  word  "No" 
opposite  the  name  of  every  person  who  did  not  vote.  ('99  c. 
349  5.  19) 

Sec.  196.  .Canvass  of  votes — They  shall  then  take  the  bal- 
lots from  the  boxes,  count  those  cast  by  each  party,  place  them 
in  a  separate  pile  and  fasten  them  together,  count  all  the  votes 
for  each  party  separately,  certify  to  the  number  of  votes  cast 
for  each  party  candidate  for  the  several  offices,  and  replace  the 
counted  ballots  in  a  box  together.  They  shall  seal  the  returns 
for  all  parties  in  one  envelope  and  return  the  same  to  the  au- 
ditor. Except  as  herein  otherwise  provided,  all  the  provisions 
of  this  chapter  relating  to  the  count,  canvass,  and  return  of 
votes  shall  be  applicable.  ('99  c.  349  s.  20;  '01  c.  216  s.  6) 

Sec.  197.  Tally  sheets  and  returns — The  auditor  shall  fur- 
nish to  each  district,  with  the  ballots,  two  books  or  sets  of  tally 
sheets  for  each  political  party  having  candidates  to  be  voted 
for.  Each  sheet  or  book  shall  be  headed :  "Tally  sheet  for 

(name  of  political  party), 

(name  of  city  or  village) (county) 

(ward  or  town), election  district,  for  a  primary 

election  held (date)."  The  names  of  candi- 
dates shall  be  placed  on  the  tally  sheets  in  the  order  in  which 


22  THE  ELECTION  LAWS 

they  appear  on  the  official  sample  ballots,  and  in  each  case  shall 
have  the  proper  party  designation  at  the  head  thereof.  ('99 
c.  349  ss.  21,  22) 

Sec.  198.  County  canvassing  board — The  county  canvassing 
board  shall  consist  of  the  clerk  of  the  district  court,  auditor, 
and  chairman  of  the  county  board,  together  with  two  justices 
of  the  peace  of  the  county  selected  by  a  judge  of  the  district 
court  from  political  parties  opposed  to  that  of  the  majority  of 
those  above  mentioned,  when  possible.  But  no  candidates  for 
a  nomination  shall  serve  on  said  board,  and  the  places  of  any 
so  disqualified  shall  be  filled  by  such  judge  by  the. appointment 
of  qualified  voters  not  holders  of  any  public  office.  Such  board 
shall  meet  at  the  court  house  at  10  o'clock  a.  m.  on  the  second 
day  after  the  primary  election,  take  the  oath  of  office,  and  pub- 
licly canvass  the  returns  made  to  the  auditor.  Three  members 
shall  constitute  a  quorum,  and  it  shall  complete  the  canvass 
by  the  evning  of  the  third  day  following  the  primary  election. 
('99  c.  349  s.  23;  '01  c.  216  s.  7) 

Sec.  199.  Same — Report — The  canvassing  board  shall  pre- 
pare, sign,  and  file  with  the  county  auditor  the  following  re- 
port: 

1.  A   separate   statement   for   each   political   party   of   the 
names  of  all  candidates  thereof  voted  for  at  the  primary  elec- 
tion, with  the  number  of  votes  received  by  each,  and  for  what 
office. 

2.  A  separate  statement  of  the  names  of  the  candidates  of 
each  political  party  who  are  nominated;  that  is,  the  candidates 
in  each  party  who  received  the  highest  number  of  votes  for  the 
respective  nominations. 

3.  A  statement  of  the  whole  number  of  voters  registered, 
and  the  number  of  ballots  cast  at  such  primary  election,  men 
and  women  separately. 

Whenever  two  or  more  candidates  of  the  same  party  receive 
an  equal  number  of  votes  for  the  same  nomination,  the  board 
shall  determine  the  tie  by  lot.  Upon  the  completion  of  the 
canvass,  and  on  or  before  10  o'clock  a.  m.  on  the  fourth  day 
succeeding  the  canvass,  the  auditor  shall  certify  to  the  secre- 
tary of  state  the  vote,  as  shown  by  such  report,  for  all  candi- 
dates to  be  voted  for  in  more  than  one  county,  and  shall  mail 
or  deliver,  to  each  nominee  to  be  voted  for  in  his  county  alone, 


OF  MINNESOTA  FOR  1905.  23 

a  notice  of  his  nomination,  and  that  his  name  will  be  placed 
upon  the  official  ballot  upon  payment  of  the  legal  fee  within 
the  time  therein  named,  the  amount  of  which  fee  shall  be 
stated.  ('99  c.  349  s.  24;  '01  c.  216  s.  8) 

Sec.  200.  State  canvassing  board — The  state  canvassing 
board,  as  constituted  for  canvassing  the  returns  of  general  elec- 
tions, shall  open  and  canvass  the  returns  of  a  primary  election 
made  to  the  secretary  of  state,  at  the  usual  place  and  hour  of 
meeting,  on  the  seventh  day  after  such  primary  election.  It 
shall  determine  ties  between  candidates  as  in  the  case  of  gen- 
eral elections.  Upon  the  completion  of  the  canvass,  the  secre- 
tary of  state  shall  certify  to  the  several  auditors  the  names  of 
the  persons  found  to  be  nominated,  and  mail  to  each  nominee 
a  notice  of  his  nomination,  and  that  his  name  will  be  placed 
upon  the  official  ballot  upon  the  payment  of  the  required  fee, 
the  amount  of  which  shall  be  stated.  ('99  c.  349  s.  24;  '01  c. 
216  s.  8) 

Sec.  20 1.  Nominees  of  political  parties — The  persons  certi- 
fied by  such  canvassing  boards  to  be  nominated  shall  consti- 
tute the  nominees  of  the  several  political  parties,  and  their 
names  shall  be  printed  upon  the  official  ballots  prepared  for 
the  ensuing  election  in  like  manner  as  if  such  persons  had  been 
duly  nominated  by  party  conventions  of  delegates,  with  the 
certificate  thereof  filed  as  required  by  law.  But  no  name  shall 
be  placed  upon  such  ballot  unless  the  required  fee  is  paid.  ('99 
c.  349  s.  25;  '01  c.  216  s.  9) 

Sec.  202.  Review  by  courts — Whenever  it  shall  be  made  to 
appear  by  affidavit  to  any  judge  of  the  supreme  court,  or  of  the 
district  court  of  the  proper  county,  that  an  error  or  omission 
has  occurred  or  is  about  to  occur  in  the  placing  of  any  name 
on  an  official  primary  election  ballot,  that  any  error  has  been 
or  is  about  to  be  committed  in  printing  such  ballot,  or  that  any 
wrongful  act  has  been  or  is  about  to  be  done  by  any  judge  or 
clerk  of  a  primary  election,  county  auditor,  canvassing  board, 
member  thereof,  or  other  person  charged  with  any  duty  con- 
cerning the  primary  election,  or  that  any  neglect  of  duty  has 
occurred  or  is  about  to  occur,  such  judge  shall  order  the  officer 
<>r  person  charged  with  such  error,  wrong,  or  neglect  to  forth- 
with correct  the  error,  desist  from  the  wrongful  act,  or  perform 


24  THE  ELECTION  LAWS 

the  duty,  or  forthwith  show  cause  why  he  should  not  do  so. 
Failure  to  obey  the  order  of  such  judge  shall  be  contempt  of 
court.  ('99  c.  349  s.  27) 

Sec.  203.  Contests  for  nomination — Any  candidate  at  a  pri- 
mary election  desiring  to  contest  the  nomination  of  another 
candidate  for  the  same  office  may  proceed  by  affidavit  within 
five  days  after  the  completion  of  the  canvass,  as  specified  in 
section  202 ;  and  the  contestee  shall  be  required  by  the  order 
of  such  judge  to  appear  and  abide  the  further  order  of  the  court 
made  therein.  ('99  c.  349  s.  27) 

%-  NOMINATION  BY  CONVENTION. 

Sec.  204.  Delegates,  how  and  when  selected — Notice — Can- 
didates whose  nominations  are  not  required  to  be  made  by 
a  primary  election  may  be  nominated  by  a  delegate  conven- 
tion called  for  the  purpose.  The  authorized  county  or  city 
committee  of  any  political  party,  at  least  twenty  days  before 
the  time  fixed  for  the  election  of  delegates,  shall  give  two 
weeks'  published,  and  at  least  six  days'  posted,  notice  of  pri- 
maries for  the  purpose  of  electing  the  number  of  delegates  to 
which  each  district  is  entitled,  and  of  the  offices  for  which 
nominations  are  to  be  made.  Except  as  otherwise  especially 
provided,  such  primaries  shall  be  conducted  in  accordance  with 
the  provisions  of  this  chapter  relating  to  primary  elections,  in 
so  far  as  the  same  can  be  applied.  All  such  primaries  shall  be 
held  at  the  regular  polling  places,  and  those  of  each  county  on 
the  same  day,  at  an  hour  thereof  between  2  and  9  o'clock  p.  m. 
appointed  by  the  committee  calling  the  convention,  and  shall 
be  kept  open  for  at  least  one  hour.  ('95  c.  276  ss.  2,  4) 

Sec.  205.  Conventions  to  elect  delegates — When  the  dele- 
gates so  chosen  are  to  form  a  convention  for  the  election  of 
delegates  to  a  state  convention  or  to  that  of  a  district  of  the 
state  larger  than  a  county,  the  party  conventions  of  the  sev- 
eral counties  shall  all  be  held  on  the  same  day.  Such  state  or 
district  conventions  shall  be  called  by  the  authorized  party 
committee  of  such  state  or  district,  substantially  as  prescribed 
in  section  204,  and  the  day  for  holding  the  county  conventions 
shall  be  named  in  the  call.  ('95  c.  276  s.  8) 


OF  MINNESOTA  FOR  H>o:>.  -j:> 

Sec.  206.  Conduct  of  election — At  the  hour  appointed  for 
holding  such  primaries  the  chairman  or  secretary  of  the  party 
committee  of  the  district,  or,  if  neither  be  present,  some  mem- 
ber of  the  party  who  is  a  voter  in  the  district,  shall  call  the 
meeting'  to  order.  Those  present  and  qualified  to  vote  at  such 
election  shall  choose  from  their  number,  viva  voce,  a  chairman, 
clerk,  and  two  judges  of  the  election.  The  delegates  shall  be 
chosen  by  ballot,  and  each  may  contain  as  many  names  as  there 
are  delegates  to  be  elected  from  the  district.  If  more  be  placed 
thereon,  the  ballot  shall  be  void.  Those  receiving  the  high- 
est number  of  votes  shall  be  declared  elected,  and,  if  there  be 
a  tie,  the  judges  and  clerk  shall  determine  it  by  lot.  ('05  c.  276 
s'.  4;  '97  c.  125) 

Sec.   207.     Same — Who  may  vote — Change  of  party — The 

chairman  shall  preside,  and  may  administer  the  oath  to  the 
judges  and  clerk  and  to  those  whose  right  to  vote  is  chal- 
lenged. Only  those  shall  vote  at  the  primary  who  affiliated 
with  the  party  at  the  preceding  general  electron;  but  if  any 
voter  of  the  district  shall  satisfy  the  judges  by  his  oath  that  he 
did  not  vote  at  the  last  general  election  or  voted  and  affiliated 
with  the  political  party  holding  such  primaries  at  the  last  gen- 
eral election  and  intends  to  so  vote  and  affiliate  at  the  ensuing 
election,  his  vote  shall  be  received.  No  person  shall  vote  for 
the  delegates  of  more  than  one  party  in  any  calendar  year. 
(95  c.  276  ss.  4,  5) 

Sec.  208.  Same — Announcing  result — Certificates  and  lists — 
The  clerk  shall  keep  a  record  of  the  proceedings  of  such  pri- 
mary, and  may  administer  the  oath  to  the  chairman.  The 
judges  shall  receive  and  count  the  ballots  of  all  having  the 
right  to  vote  at  the  primary,  and  none  others.  They  shall 
record  the  names  and  addresses  of  all  persons  voting.  Both 
judges  and  clerk  shall  subscribe  the  oath  required  of  judges 
and  clerk  of  elections.  At  the  closing  of  the  polls  they  shall 
count  the  ballots  and  report  the  same  to  the  chairman,  who 
shall  publicly  announce  the  result  forthwith.  The  chairman 
and  clerk  shall  then  furnish  each  delegate  elected  with  a  cer- 
tificate of  his  election,  and  transmit  to  the  chairman  of  the 
committee  calling  the  primary  a  list  of  the  names  and  addresses 
of  the  persons  who  voted  thereat.  ('95  c.  276  s.  (> ) 


2tf  THE  ELECTION  LAWS 

Sec.  209.     Provisions  not  applicable  in  certain  cases — The 

provisions  of  this  chapter  relating  to  conventions  shall  not 
apply  to  primaries  in  villages,  towns,  or  school  districts.  The 
provisions  relating  to  notice  of  delegate  primaries  shall  not 
apply  to  the  choice  of  delegates  to  a  convention  held  to  nom- 
inate candidates  to  be  voted  for  at  a  special  election,  but  such 
conventions,  and  the  elections  to  choose  delegates  thereto,  may 
be  called  and  held  in  such  manner,  and  at  such  times  and  places, 
as  the  proper  party  committees  may  determine.  ('95  c.  276 
s.  2;  '97  c.  137) 

Sec.  210.  Vacancies — If  an  elected  delegate  for  any  reason 
fails  to  serve,  his  place  shall  be  filled,  from  the  voters  of  his 
party  in  his  district,  by  the  remainder  of  the  delegation.  If  no 
such  voter  be  present  at  the  convention,  the  delegates  present 
may  cast  the  full  vote.  And,  if  an  entire  delegation  shall  fail 
to  attend,  the  convention  may  select  qualified  voters  of  the 
party  residing  in  the  district,  if  such  be  present,  to  act  in  lieu 
thereof.  ('95  c.  276  s.  9) 

Sec.  211.  Nominations — How  certified — The  certificate  of 
nomination  of  a  candidate  selected  by  convention  shall  be 
signed  and  certified  by  the  presiding  officer  and  secretary 
thereof,  who  shall  also  take  and  subscribe  an  oath  that  the 
facts  stated  in  the  certificate  are  true ;  and  the  secretary  shall 
immediately  deliver  such  certificate  of  nomination  to  the  officer 
charged  with  directing  the  printing  of  the  ballots  upon  which 
the  name  is  to  be  placed;  and,  in  case  he  shall  neglect  to  do  so, 
he  shall  be  guilty  of  a  misdemeanor. 

Sec.  212.  Convention  denned — A  convention,  within  the 
meaning  of  this  chapter,  is  an  organized  body  of  delegates, 
representing  a  political  party,  assembled  for  the  purpose  of 
nominating  candidates  for  office,  which  party  at  the  last  gen- 
eral election  before  the  holding  of  such  convention  polled  at 
least  one  per  cent  of  the  entire  vote  cast  in  the  state,  county, 
or  other  district  for  which  the  nomination  is  made. 

NOMINATION  BY  VOTERS. 

Sec.  213.  Certificate — Number  of  signatures — The  certificate 
of  the  nomination  of  a  candidate  otherwise  than  by  conven- 
tion or  primary  shall  be  signed  by  voters  resident  within  the 


OF  MINNESOTA  FOR  1905.  27 

district  or  political  division  from  which  the  candidate  is  pre- 
sented, to  the  numbers  following,  respectively:  If  for  a  state 
office,  one  per  cent,  not  exceeding  two  thousand;  if  for  a  con- 
gressional or  judicial  district  office,  five  per  cent,  not  exceed- 
ing five  hundred;  if  for  any  other  office,  ten  per  cent;  such  per- 
centages in  each  case  being  of  the  entire  vote  cast  at  the  last 
preceding  election.  Such  certificate  shall  be  filed  in  the  same 
manner  as  that  of  a  convention.  A  defeated  candidate  at  the 
primary  election  shall  be  ineligible  for  nomination  for  the  same 
office  under  the  provisions  of  this  section.  ('95  c.  135) 

Certificates  of  nomination — The  certificate  of  nomination  of 
a  candidate  selected  otherwise  than  by  convention  of  dele- 
gates shall  be  signed  only  after  the  holding  of  the  regular  pri- 
mary election  by  electors  resident  within  the  district  or  political 
division  from  which  the  candidate  is  presented,  as  follows: 

Per  cent  of  signatures — If  for  a  state  office  on  a  state  ticket 
equal  to  one  per  cent  (i  per  cent)  of  the  entire  vote  of  the 
state  cast  at  the  last  preceding  general  election;  if  for  a  con- 
gressional or  judicial  district  office,  by  five  per  cent  (5  per  cent) 
of  the  entire  vote  cast  in  any  such  district  at  the  last  preceding 
general  election ;  and  if  for  a  county,  legislative  or  municipal 
office,  by  ten  per  cent  (10  per  cent)  of  the  entire  vote  cast  in 
any  such  county,  city,  village,  ward  or  other  election  district 
at  the  last  preceding  general  election. 

Provided,  that  the  number  of  signatures  required  shall  not 
exceed  two  thousand  (2,000)  for  any  state  office,  nor  five  hun- 
dred (500)  for  any  congressional  or  judicial  district,  nor  for 
any  other  office.  (1905  c.  134) 

Sec.  214.  Form  of  certificate — Such  certificate  of  nomina- 
tion, which  may  consist  of  one  or  more  writings,  shall  contain 
the  name  of  the  person  nominated,  the  office  for  which  he  is 
nominated,  the  party  or  political  principle  he  represents,  ex- 
pressed in  not  more  than  three  words,  and  his  place  of  resi- 
dence, with  street  and  number  thereof,  if  any.  In  case  of  presi- 
dential electors,  the  names  of  the  candidates  for  President  and 
Vice-President  may  be  added  to  the  party  or  political  appella- 
tion. 

Sec.  215.  But  one  name  in  certificate — Petitioners,  how  lim- 
ited— All  nominating  certificates  containing  the  names  of  more 
than  one  candidate  shall  bi^oid.  No  person  shall  sign  a  cer- 


28  THE  ELECTION  LAWS 

tificate  of  nomination  by  voters  until  after  the  date  of  the  pri- 
mary election.  No  person  who  has  voted  at  a  primary  shall 
be  eligible  as  a  petitioner  for  any  nomination  to  an  office  for 
which  nominees  were  voted  upon  at  such  primary.  Nor  shall 
any  person  join  as  a  petitioner  in  nominating  more  than  one 
candidate  for  the  same  office,  unless  more  than  one  person  is 
to  be  elected  thereto ;  in  which  case,  if  eligible,  he  may  peti- 
tion for  as  many  candidates  therefor  as  there  are  persons  to 
be  chosen.  ('03  c.  90) 

Sec.  216.  Oath  of  signers — Following  the  facts  requited  to 
be  stated  in  each  certificate  signed  by  voters,  shall  be  written 
or  printed  an  oath  in  the  following  form :  "I  solemnly  swear 
(or  affirm)  that  I  know  the  contents  and  purpose  of  this  cer- 
tificate, and  signed  the  same  of  my  own  free  will."  Each 
signer,  at  the  time  of  signing,  shall  be  sworn  as  aforesaid. 

GENERAL  PROVISIONS. 

Sec.  217.  Vacancy  after  nomination — If  a  vacancy  occurs 
after  nominations  have  been  made,  it  may  be  filled  at  any  time, 
before  the  official  ballot  is  posted,  by  filing  with  the  proper  offi- 
cer a  nomination  certificate,  in  form  and  substance  as  herein- 
before provided,  executed  by  the  chairman  and  secretary  of  the 
proper  committee  of  the.  party  making  the  original  nomination, 
under  such  regulations,  if  any,  as  the  convention  shall  have 
adopted ;  otherwise  under  the  direction  of  such  committee. 

Sec.  218.  Vacancy  after  printing  ballots — If  the  ballots  have 
been  printed,  the  proper  committee  may  fill  such  vacancy  by 
nomination,  and  the  chairman  thereof  may  supply  the  judges 
in  each  district  in  which  such  candidate  is  to  be  voted  for  with 
a  number  of  "  adhesive  pasters,  containing  only  the  name  of 
such  candidate,  at  least  equal  to  the  number  of  ballots  fur- 
nished ;  but  no  pasters  shall  be  delivered  to,  or  received  by, 
any  person  whatever  except  such  judges,  who  shall  person- 
ally affix  one  in  the  proper  place  on  each  ballot  before  placing 
their  initials  thereon.  If  such  vacancy  occur  before  the  official 
ballots  have  been  distributed  by  the  secretary  of  state,  county 
auditor,  or  city  clerk,  such  pasters  may  be  delivered  to  such 
officers,  who  shall  transmit  them  with  the  ballots;  and  the 
judges,  on  receiving  the  same,  shall  affix  them  as  hereinbefore 
provided. 


OF  MINNESOTA  FOR  1905.  29 

Sec.  219.  Candidates  in  more  than  one  county  nominated 
by  voters — Whenever  the  nomination  of  a  candidate  to  be 
voted  for  in  any  district  larger  than  a  single  county  is  made 
by  voter's  certificate,  the  original  thereof  shall  be  filed  with 
the  auditor  of  the  county  where  the  candidate  resides,  and 
such  auditor  shall  certify  as  many  copies  thereof,  if  presented 
to  him,  as  there  are  other  counties  in  the  district,  one  of 
which  certified  copies  shall  be  filed  within  the  proper  time  with 
the  auditor  of  each  such  county,  and  shall  be  authority  for 
such  auditor  to  place  the  name  upon  the  blue  ballots. 

Sec.  220.  Errors  in  printing  ballots  or  certifying  nomina- 
tions— Whenever  it  shall  appear  by  affidavit  pfesented  to  any 
judge  of  the  supreme  or  district  court  that  an  error  or  omission 
has  occurred  in  the  printing  of  the  name  or  description  of  any 
candidate  on  official  ballots,  or  that  any  other  error  has  been 
committed  in  preparing  or  printing  the  ballots,  or  that  the 
president  or  secretary  of  any  convention  has  failed  to  properly 
make  or  file  any  certificate  of  nomination,  or  that  the  canvass- 
ing board  of  any  primary  election  has  failed  to  make  and  cer- 
tify any  nomination,  or  that  the  name  of  any  person  has  been 
wrongfully  placed  upon  the  ballots  as  a  candidate,  such  judge 
shall  immediately  order  the  officer  or  person  charged  with  the 
error  or  neglect  to  forthwith  correct  the  same,  or  perform  his 
duty,  or  show  cause  why  such  error  should  not  be  corrected  or 
such  duty  performed. 

Sec.  221.  Filing  certificates — Certificates  of  nomination  shall 
be  filed  as  follows:  With  the  secretary  of  state,  of  the  names 
to  be  placed  on  the  white  ballots,  on  or  before  the  fifth  Sat- 
urday preceding  the  day  of  election;  with  the  county  auditor, 
to  be  placed  upon  the  blue  ballots,  on  or  before  the  third  Tues- 
day preceding  the  day  of  election;  with  the  city  clerk  or  other 
proper  officer,  to  be  placed  on  the  red  ballots,  on  or  before 
the  second  Saturday  preceding  the.  day  of  election.  In  each 
case  the  officer  with  whom  such  certificate  is  filed  shall  give 
or  send  to  the  person  filing  the  same  an  acknowledgment 
thereof  upon  the  same  day  it  is  received,  and  shall  file  and  pre- 
serve such  certificates,  subject  to  public  inspection.  But  no 
filing  of  any  certificate  shall  be  effectual  unless  at  the  time 
thereof  the  prescribed  fee  shall  be  paid  or  tendered  to  such 
officer. 


30  THE  ELECTION  LAWS 

p 

Sec.  222.  Fees  for  placing  names  on  ballot — The  secretary 
of  state,  county  auditor  and  city  clerks  shall  place  upon  the 
ballots  prepared  by  them,  respectively,  the  names  of  all  can- 
didates duly  nominated,  whose  certificates  of  nomination  have 
been  duly  filed,  accompanied  by  fees,  as  follows: 

1.  If  to  appear  upon  the  white  ballot,  fifty  dollars. 

2.  If  upon  the  red  ballot  for  a  city  of  more  than  three  thou- 
sand inhabitants,  five  dollars ;  if  less,  two  dollars. 

3.  If  upon  the  blue  ballot,  ten  dollars,  in  case  the  candidate 
is  to  be  voted  for  in  one  county  only;  ~^herwise,  twenty  dol- 
lars;  provided,   however,   that   candidate^   for   the   legislature 
shall  in  all  cases  pay  ten  dollars  and  candidates  for  county 
commissioner,  whose  compensation  is  less  than  three  hundred 
dollars,  five  dollars. 

But  if  no  compensation  be  provided  by  law  for  the  office 
or  if  the  office  be  that  of  presidential  elector,  no  nomination 
fee  shall  be  required,  (c.  226,  G.  L.  '07) 

Every  candidate  for  public  office  who  has  been  duly  nom- 
inated at  any  primary  election  and  who  has  paid  the  fee  re- 
quired by  law  to  be  paid  on  filing  as  a  candidate  at  such  pri- 
mary election,  shall,  for  the  general  election  subsequent  there- 
to, have  his  name  as  such  candidate  placed  on  the  general 
election  ballot  without  the  payment  of  any  additional  fee.  (c. 
429,  G.  L.  1907) 

Sec.  223.  Posted  notice  of  election — When  and  by  whom 
given — At  least  fifteen  days'  posted  notice  shall  be  given  in 
each  district  by  the  several  town,  village,  and  city  clerks  of 
the  time  and  place  of  holding  any  general  election,  and  twenty 
days'  such  notice  of  any  special  election  therein,  the  hours  dur- 
ing which  the  polls  will  be  kept  open,  and  the  officers  to  be 
elected,  if  any;  but  no  failure  to  give  such  notice  shall  invali- 
date a  general  election. 

Sec.  224.  Place  of  election — The  council  of  every  munici- 
pality shall  by  ordinance  or  resolution,  and  any  town  may  by 
vote,  designate  the  place  of  holding  the  election  in  each  dis- 
trict ;  otherwise  the  election  shall  be  held  as  near  as  may  be 
at  the  place  where  the  preceding  election  was  held,  subject  to 
change  before  the  opening  of  the  polls  as  provided  by  law. 

Sec.  225.  Division  of  towns — Notice — When  any  town  board 
has  divided  the  town  into  two  or  more  districts,  such  board 


OF  MINNESOTA  FOR  1905.  31 

shall  designate  the  place  for  holding  elections  in  each  at  least 
thirty  days  before  the  day  thereof,  and  cause  at  least  twenty- 
five  days'  posted  notice  to  be  given  in  each  district  of  the 
boundaries  of  the  district  and  the  place  of  holding  the  election. 

Sec.  226.  Towrii  may  vote  in  villages — When  so  ordered 
by  the  voters  at  a  ':own  meeting,  elections  in  such  town  may 
be  held  within  any  village  formed  from  its  territory.  If  no 
place  in  said  village  be  designated  by  the  voters,  the  town  board 
shall  select  a  place  therein  where  the  election  shall  be  held. 
And,  whenever  a  majority  of  such  voters  shall  petition  the 
board  to  change  the  voting  place  *to  any  such  village,  it  shall 
procure  a  suitable  place  therein,  and  give  at  least  four  weeks' 
published  and  posted  notice,  before  the  election,  of  such  change 
and  place,  without  which  no  change  shall  be  made.  Such  vot- 
ing place  shall  be  at  least  seventy-five  feet  from  the  village 
polls.  Upon  petition  of  a  majority  of  the  legal  voters  of  any 
township  to  change  the  voting  place  to  a  village  or  city  of  less 
than  ten  thousand  inhabitants,  located  in  whole  or  in  part  in 
such  town,  the  town  board  may  procure  a  suitable  place  within 
such  village  or  city  for  such  election.  ('97  c.  239;  '01  c.  202; 
'03  c.  26) 

Majority  vote — Elections  held  on  separate  day  from  village 
election — That  whenever  a  majority  of  the  legal  voters  of  any 
township  in  this  state  shall  petition  the  board  of  supervisors 
of  such  town  to  change  the  place  of  holding  elections  from 
where  last  held  to  an  incorporated  village,  or  to  an  incorporated 
city  containing  less  than  ten  thousand  inhabitants,  located  in 
whole  or  in  part  within  such  town,  then  said  supervisors  may 
procure  a  suitable  hall  or  building  in  such  village  or  city  where 
the  voters  of  such  township  shall  hold  their  elections;  and 
said  township  shall  have  power  to  purchase  and  own  neces- 
sary real  estate  in  such  incorporated  village  or  city  for  such 
purpose;  provided,  however,  that  no  village  or  city  election 
shall  be  held  on  the  same  day  as  a  township  election  is  held, 
in  the  hall,  or  place  so  procured  by  said  town  for  election  pur- 
poses. (1905  c.  149) 

Sec.  227.  Members  of  town  board  to  be  judges — Vacancy — 
The  members  of  the  town  board  shall  be  judges  in  the  districts 
in  which  they  respectively  reside,  unless  all  belong  to  one 
political  party  and  reside  in  the  same  district,  in  which  case 


32  THE  ELECTION  LAWS 

not  more  than  two,  determined  by  lot  unless  otherwise  agreed 
upon,  shall  act  as  judges.  But  no  member  of  such  board  shall 
be  compelled  to  serve  as  judge,  and  if  any  decline  they  shall 
notify  the  town  board  in  time  to  fill  the  place  by  appointment. 
Whenever  for  any  reason  it  becomes  necessary  to  appoint  one 
or  more  judges  in  order  to  provide  three  judges  for  each  dis- 
trict, such  board,  on  the  first  day  of  registration,  shall  appoint 
the  number  required,  and  cause  posted  notice  thereof  to  be 
given  in  each  district  at  least  ten  days  before  the  election. 

Sec.  228.  Judges  in  cities  and  villages — The  council  of  every 
municipality,  at  least  twenty-five  days  before  any  election,  shall 
appoint  three  qualified  voters  of  each  district  therein  to  be 
judges.  But  in  villages  having  but  one  district,  and  not  in- 
cluded in  any  town  district,  the  members  of  the  council  shall 
be  judges,  subject  to  the  qualifications  and  restrictions  pro- 
vided for  town  boards  in  like  cases. 

Sec.  229.  Clerks,  how  appointed — Qualifications  of  judges 
and  clerks — The  judges  of  each  district  shall  appoint  two  quali- 
fied voters  therein  as  clerks,  except  that  in  towns  the  town 
clerk,  and  in  villages  having  but  one  district,  and  not  included 
in  any  town  district,  the  village  clerk,  shall  serve  as  one  of  the 
clerks  in  the  district  where  he  resides.  No  more  than  two 
judges  and  one  clerk  shall  belong  to  the  same  political  party, 
and  no  person  shall  be  eligible  as  judge  or  clerk  unless  he  can 
read,  write,  and  speak  the  English  language  understandingly, 
nor  if  he  be  a  candidate  for  any  office. 

Sec.  230.  Selection  of  judges  from  certified  party  lists — At 
least  thirty  days  before  an  election  in  any  municipality  having 
two  or  more  districts,  the  local  committees  of  the  several  par- 
ties participating  in  the  preceding  election  may  furnish  to  the 
appointing  authorities  a  list  of  qualified  voters,  certified  by 
the  clerks  of  the  committees,  to  act  as  judges  in  the  several 
districts.  Such  judges  shall  be  selected  for  each  district  from 
the  lists  so  submitted,  as  follows:  The  first  from  the  list  of 
the  party  polling  the  largest  number  of  votes  in  the  municipal- 
ity at  the  preceding  general  election,  the  second  from  that  of 
the  party  polling  the  second  largest  number  of  votes,  and  the 
third  from  that  of  the  party  polling  the  third  largest  number. 
If  the  local  committee  of  either  of  such  parties  fails  to  furnish 
such  list,  then  one  judge  shall  be  selected  from  the  party  poll- 


OF  MINNESOTA  FOR  1905.  33 

ing  the  fourth  largest  number  of  votes  at  such  preceding  elec- 
tion, if  a  list  has  been  furnished  by  such  party.  In  case  three 
lists  are  not  submitted,  they  shall  select  one  from  each  list 
submitted  and  make  their  own  selection  of  the  remainder,  ex- 
cept that  in  no  case  shall  more  than  two  judges  be  selected 
from  the  same  political  party. 

Sec.  231.  National  flag  over  polling  places — Duties  of  judges 
— Expense — The  governing  body  of  every  city,  village,  and 
town  shall  cause  the  national  flag  to  be  displayed  on  a  suit- 
able staff  over  each  voting  place  therein  during  all  the  hours 
of  registration  and  voting.  The  cost  thereof  shall  be  included 
in  the  general  election  expenses.  The  judges  shall  see  that 
the  flag  is  so  placed  and  displayed,  and  wilful  failure  on  their 
part  so  to  do  shall  cause  a  forfeiture  of  their  compensation 
for  the  time  of  such  failure.  They  shall  make  a  statement  as 
to  the  number  of  days  the  flag  was  so  placed  and  maintained, 
and  return  the  same  with  the  election  returns.  ('97  c.  183) 

Sec.  232.  Vacancy  in  office  of  judge  or  clerk^-When  any 
one  of  the  judges  fails  to  attend  at  the  time  and  place  appoint- 
ed for  registration  or  for  correcting  the  registration  lists  or 
holding  an  election,  or  if  either  be  a  candidate  at  such  elec- 
tion or  refuses  to  act,  the  qualified  voters  present  shall  elect 
viva  voce  one  of  their  number,  of  the  same  political  party  as 
the  judge  originally  appointed  if  only  one  judge  in  attendance 
belongs  thereto,  but  if  both  belong  to  the  same  party  then  of 
another  party,  to  act  in  his  place.  When  any  clerk  is  absent, 
disqualified,  or  refuses  to  act,  the  judges  shall  appoint  some 
qualified  voter  of  the  same  political  party  to  act  in  his  place. 

Sec.  233.  Oath  of  officers — Board  of  registration  and  elec- 
tion— Before  any  judge  or  clerk  enters  upon  the  discharge  of 
his  duties,  he  shall  subscribe  the  following  oath:  "I,  A.  B., 
judge  of  election  (or  clerk,  as  the  case  may  be),  do  solemnly 
swear  that  I  will  perform  the  duties  of  judge  (or  clerk)  of  elec- 
tion according  to  law  and  the  best  of  my  ability,  and  will  stu- 
diously endeavor  to  prevent  fraud,  deceit,  and  abuse  in  con- 
ducting this  election,  so  help  me  God."  Such  oath  shall  be 
affixed  to  the  list  or  register  provided  for  by  law.  If  there  be 
no  person  present  authorized  to  administer  oaths,  the  judges 
may  administer  it  to  each  other  and  'to  the  clerks.  Such 


34  THE  ELECTION  LAWS 

judges,  prior  to  the  opening  of  the  polls,  shall  constitute  a 
board  of  registration,  and  subsequent  thereto  a  board  of  elec- 
tion. 

Sec.  234.  Form  of  registry  lists — All  registry  lists  shall  be 
headed  substantially  as  follows:  "List  of  qualified  voters  in 

the  election  district  composed  of  the (town, 

village,  ward,  or  precinct,  as  the  case  may  be)  of 

in  the  county  of ,  state  of  Minnesota,  for  an 

election  to  be  held  in  such  district  on  the day 

of ,  nineteen  hundred  and ;" 

and  shall  contain  the  names  of  voters  in  separate  groups,  in 
alphabetical  order  according  to  the  first  letter  of  the  surnames, 
each  letter  of  the  alphabet  to  form  a  group,  and  not  more  than 
one  group  to  be  on  any  one  page;  and  each  group  shall  be 
separately  numbered,  commencing  with  i. 

Sec.  235.  Residence  of  voters,  how  determined — The  board 
of  registration,  in  determining  the  residence  of  any  voter,  shall 
be  governed  by  the  following  rules,  so  far  as  they  are  ap- 
plicable : 

1.  The  residence  of  any  person  shall  be  held  to  be  in  that 
place  in  which  his  habitation  is  fixed,  without  any  present  in- 
tention  of   removing  therefrom,   and   to   which,   whenever  he 
is  absent,  he  intends  to  return. 

2.  A  person  shall  not  be  considered  to  have  lost  his  resi- 
dence who  leaves  his  home  to  go  into  another  state,  or  county 
in  this  state,  for  temporary  purposes  merely. 

3.  A  person  shall  not  be  considered  to  have  gained  a  resi- 
dence in  any  county  into  which  he  has  come  for  temporary 
purposes  merely,  without  the  intention  of  making  such  county 
his  home. 

4.  If  a  person  go  into  another  state  with  the  intention  of 
making  it  his  residence,  he   shall  be   considered  to  have  lost 
his   residence   in   this   state. 

5.  If  a  person  remove  to  another  state  with  the  intention 
of  remaining  there  for  an  indefinite  time  as  a  place  of  residence, 
he  shall  be  considered  to  have  lost  his  residence  in  this  state, 
notwithstanding  he  intends  to  return  at  some  future  time. 


OF  MINNESOTA  FOR  1905.  35 

6.  The  place  where  a  man's  family  resides  shall  be  consid- 
ered his  residence;  but  if  it  be  a  temporary  establishment  for 
his  family,  or  for  transient  purposes,  it  shall  not  be  so  con- 
sidered. 

7.  If  a  man  has  his  family  living  in  one  place  and  he  does 
business  in  another,  the  former  shall  be  considered  his  resi- 
dence ;  but  when  a  man  has  taken  up  his  abode  at  any  place 
with  the  intention  of  remaining  there,  and  his  family  refuses  to 
reside  with  him,  then  such  place  shall  be  considered  his  resi- 
dence. 

8.  The  residence  of  a  single  man  shall  be  considered  to  be 
where   he  usually  sleeps. 

9.  The  mere  intention  to  acquire  a  new  residence,  without 
the  fact  of  removal,  shall  avail  nothing;  neither  shall  the  fact 
of  removal  without  the  intention. 

10.  No   person   employed   temporarily   for   the   purpose   of 
cutting  timber,  or  in  the  construction  or  repair  of  any  railroad, 
canal,  municipal,  or  other  work  of  public  nature,  shall  acquire 
a  residence  in  any  district  into  which  he  came  for  such  pur- 
pose ;  but  this  provision  shall  not  be  held  to  extend  to  station 
agents  or  sectionmen  who  permanently  reside  in  such  district. 
In  determining  the  right  of  any  person  employed  by  a  rail- 
road company  or  upon  any  public  work  to  register  or  vote, 
all  of  the  judges  shall  be  satisfied  that  he  is  a  bona  fide  resident 
of  the  district,  and  not  there  for  temporary  purposes  merely; 
and  his  unsupported  affidavit  shall  not  be  held  conclusive  as 
to  any  fact  necessary  to  entitle  him  to  vote. 

11.  Any   permanent   inmate   of   a   soldiers'   home   shall    be 
considered  a  resident  of  the  district  in  which  the  same  is  located. 

Sec.  236.  Registration  in  towns,  villages,  and  cities  of  the 
fourth  class — On  Tuesday,  seven  weeks  preceding  any  general, 
and  at  least  fourteen  days  before  any  special,  election,  the 
board  of  registration  of  each  district  in  towns,  villages,  and 
cities  of  the  fourth  class  shall  make  duplicate  lists  of  the  names 
of  all  persons  entitled  to  vote  therein  at  such  election,  contain- 
ing the  names  of  such  persons  in  alphabetical  order,  and  their 
places  of  residence,  'flic  board  shall  examine  the  poll  lists 
used  at  the  preceding  general  election,  and  place  on  the  new 
list  the  names  of  all  persons  whom  the  board  knows,  or  can 
with  reasonable  diligence  ascertain,  to  be  entitled  to  vote  in 


36  THE  ELECTION  LAWS 

the  district  at  such  election,  and  at  least  thirty  days  before 
a  general,  and  ten  days  before  a  special,  election,  shall  cause 
copies  of  such  list  to  be  posted  in  three  public  places  in  the 
district.  ('99  c.  189) 

Sec.  237.  Same — Cities  of  the  fourth  class — In  cities  of  the 
fourth  class  the  board  shall  meet  on  the  Tuesday  preceding 
such  election  at  the  place  where  the  same  is  to  be  held,  and 
remain  in  session  from  9  o'clock  a.  m.  until  9  o'clock  p.  m., 
for  the  purpose  of  making  corrections  in  such  lists,  the  time 
and  place  of  meeting  to  be  noted  on  the  list  previously  posted. 
In  making  such  correction  the  board  shall  add  to  such  lists 
the  names  of  all  other  persons  shown  to  be  entitled  to  vote 
in  that  district  at  such  election,  and  erase  therefrom  the  names 
of  all  shown  not  to  be  entitled  so  to  vote.  ('99  c.  189) 

Sec.  238.  Oath  before  registration — Any  of  the  judges  may 
administer  the  following  oath  to  persons  appearing  for  regis- 
tration :  "You  do  solemnly  swear  that  you  will  fully  and  truly 
answer  such  questions  as  shall  be  put  to  you  touching  your 
qualifications  as  a  voter  under  .the  laws  of  this  state?" 

Sec.  239.  Board  to  compare  register,  sign  each  page,  and 
make  certificate — At  the  end  of  each  day's  registration  in  all 
districts  in  towns,  villages,  and  cities  of  the  fourth  class,  the 
board  shall  carefully  compare  the  registers  and  correct  all 
errors.  The  judges  shall  then  sign  their  names  at  the  end  of 
the  list  on  every  page,  so  that  no  new  name  can  be  added 
without  discovery,  and  also  sign  and  attach  to  such  register 
a  certificate  in  substance,  as  follows : 

We,  the  undersigned,  judges  of  election  in  the 

district  of of ,  in  the  state 

of  Minnesota,  do  jointly  and  severally  certify  that  at  the 
general  registration  of  voters  in  such  election  district  on  the 
day  of ,  19 ,  there  were  regis- 
tered by  us  in  such  district  the  names  which  in  this  book  are 
inserted,  and  that  the  number  of  registered  and  qualified  voters 

was  and  is  the  number  of ,  of  whom 

are  males  and females.  (Number  to  be  written 

in  figures  and  words.) 

Sec.  240.  Same  entered  or  stricken  from  lists  on  election 
day — Any  person  offering  to  vote  in  any  such  district,  whose 
name  is  not  on  the  list  at  the  opening  of  the  polls,  but  who 


OF  MINNESOTA  FOR  1905.  37 

shall  satisfy  the  election  board  by  proper  evidence  that  he 
is  entitled  to  register  and  vote,  shall  be  allowed  to  vote  at 
such  election  without  taking  an  oath,  unless  required  to  do 
so  by  such  board.  The  vote  of  any  person  whose  name  is 
on  the  list  at  the  opening  of  the  polls  shall  not  be  rejected 
except  upon  satisfactory  evidence  that  such  name  was  regis- 
tered by  mistake  and  that  such  person  is  not  entitled  to  vote, 
in  which  case  such  name  shall  be  stricken  from  the  list  and 
the  vote  rejected.  An  entry  of  such  fact  shall  be  made  on  the 
list  opposite  each  name  so  added  or  stricken  gff. 

Sec.  241.  Same — Cities  of  the  first,  second,  and  third  class- 
es— Powers — Vacancies — In  cities  of  the  first,  second,  and  third 
classes  the  judges  shall  constitute  boards  of  registration  in 
their  respective  districts.  They  shall  meet  on  Tuesday,  seven 
weeks  preceding  any  general  state  or  city  election,  and  four- 
•teen  clays  before  any  special  election,  at  6  o'clock  a.  m.,  at  the 
place  where  the  last  election  was  held,  or  in  such  other  place 
as  may  be  lawfully  designated  as  the  polling  place  for  the 
district,  and  there  remain  in  session  until  9  o'clock  p.  m.,  and 
register  all  persons  entitled  to  vote  in  such  districts  at  the 
ensuing  election.  Such  registration  shall  be  known  as  the 
register  of  voters,  and  be  made  in  duplicate.  The  board  shall 
have  the  same  right  to  preserve  order  at  its  meetings  as  judges 
on  election  days,  and  vacancies  shall  be  filled  in  the  same 
manner  as  upon  election  day.  ('95  c.  137  s.  i) 

Sec.  242.  Registers,  how  prepared — Headings — Names — 
Questions — In  all  districts  in  such  cities,  one  of  the  judges 
shall  administer  to  all  persons  appearing  for  registration  the 
following  oath :  "You  do  solemnly  swear  that  you  will  fully 
and  truly  answer  all  questions  put  to  you  touching  your  quali- 
fications as  a  voter  under  the  laws  of  this  state."  The  blank 
forms  of  registers  in  cities  of  the  second  and  third  classes  shall 
be  prepared  by  the  secretary  of  state,  and  shall  contain  col- 
umns under  the  following  headings  and  subheadings,  viz. : 
"Names,"  "Voted,"  "Residence,"  "Number,"  "Street  or  Ave- 
nue," "Place  of  Nativity,"  "Color,"  "Length  of  Residence," 
"United  States— Years,"  "State— Years,  Months,"  "District- 
Years,  Months,  Days,"  "Date  of  Naturalization,"  "Court  or 
Place,"  "Able  to  Read  English,"  "Where  Last  Registered- 
Ward,  District,"  "Voted  at  Primary,"  and  "Remarks."  The 


38  THE  ELECTION  LAWS 

board  shall  enter  in  such  registers  the  names  of  all  persons 
residing  in  its  district  whose  names  appear  in  the  poll  list 
and  register  at  the  preceding  election  as  having  voted  in  the 
district,  except  such  as  are  known  to  have  since  died,  removed 
from  the  district,  or  become  disqualified;  and,  so  far  as  known 
to  any  such  board,  the  proper  entries  shall  be  made  opposite 
each  name  in  the  different  columns.  In  case  the  boundaries 
of  the  district  have  been  changed  ^ince  the  election  for  which 
such  poll  list  was  made,  the  board  shall  place  on  the  regis- 
ters only  the  names  of  the  persons  appearing  by  such  poll 
list  to  be  residents  of  the  new  district.  One  of  the  judges 
shall  then  ask  each  of  such  persons  the  questions  necessary  to 
properly  fill  out  the  spaces  opposite  his  name  in  the  various 
columns.  The  clerks,  if  any,  or  members  of  the  board  shall 
enter  the  names  of  such  persons  in  the  registers,  and  the  an- 
swers to  the  questions  in  appropriate  columns  therein.  In  the 
column  headed  "Residence, "  there  shall  be  the  name  and  num- 
ber of  the  street,  or  other  location  of  the  dwelling,  if  there  be 
a  definite  number ;  if  not,  such  description  of  the  place  of  such 
dwelling  as  shall  enable  it  to  be  readily  ascertained.  If  more 
than  one  family  reside  in  a  house,  there  shall  be  entered  the 
floor  on  which  the  applicant  resides,  and  the  room  or  rooms 
occupied  by  him.  The  register  shall  be  ruled,  and  one  name 
shall  be  written  on  each  line ;  but  no  name  shall  be  written 
between  the  lines,  and,  if  the  name  of  any  person  be  so  writ- 
ten, such  person  shall  not  be  entitled  or  allowed  to  vote  unless 
his  name  shall  also  appear  properly  on  a  line  in  such  register. 

Sec.  243.  Same — Cities  of  the  first  class — In  cities  of  the 
first  class  the  registers  shall  be  substantially  as  provided  in 
section  242,  except  that  in  place  of  the  heading,  "Where  Last 
Registered — Ward.  District,"  the  heading  shall  be  "House- 
holder— Boarder — Lodger — Employee."  No  names  shall  be 
registered  unless  the  person  appears  personally  before  such 
board  or  registers  by  affidavit. 

Sec.  244.  Registration  in  person,  and  by  affidavit  of  absent 
voter — In  addition  to  the  names  already  on  said  poll  list,  the 
board  shall  enter  thereon  the  names  of  all  legal  voters  who 
shall  personally  appear,  and  also  the  name  of  any  absent  voter 
whose  affidavit  shall  be  presented  during  any  session  of  such 
board,  in  substance  as  follows: 


OF  MINNESOTA  FOR  1905.  39 

1, ,  being-  first  duly  sworn,  on  oath  say 

that  I  am  a  Ic^al  voter  in  the  state  of  Minnesota;  that  I  reside 

at  No. street  (or  avenue),  in  the 

election  district  in  the ....ward  in  the  city  of 

;  that  I  have  not  been  and  will  not  be  able 

t<>  be  present  in  such  district  to  register  personally,  for  the 

reason  that ;  that  I  desire  to  be  registered 

in  such  district;  that  my  full  name  is ; 

I  was  born  at ;  am (state 

color);  have  resided  in  the  United  States  for 

years  and months,  and  in  Minnesota  for 

years  and months,  and  in  such  election  district  for 

years,  months,  and 

days;  that  I  am  able  to  read. English,  and  by  occupation  am 

a ;  that  at  the  last  general  election  I  resided  at 

No. street  (or  avenue),  in  such  city,  and  was  reg- 
istered and  voted  at  the election  district  of 

the ward  (or  that  at  the  last  general  election  I 

was  not  a  resident  of  such  city,  but  voted  at )  ; 

that  at  my  present  residence  as  above  stated  I  am 

(householder,  boarder,  lodger,  employee,  or  other  proper  term)  ; 
(the  following  to  be  omitted  if  nativejborn)  that  I  am  a  nat- 
uralized citizen  of  the  United  States;  that  my  final  papers  were 

issued  by  the (give  court  and  place)  on  the 

(give  date  or  other  particulars), 

(Signature) 

Sec.  245.  When  voter  removes  from  one  district  to  another — 
When  it  appears  from  the  statement  or  affidavit  of  an  ap- 
plicant for  registration,  or  is  otherwise  known  to  the  board, 
that  such  applicant  has  been  registered  in  another  district, 
a  certificate  signed  by  the  registration  board  of  such  other 
district,  showing  that  his  name  has  been  stricken  from  the 
voting-  list  of  such  district,  shall  also  be  presented.  Then  if 
he  has  or  will  have  been  a  resident  of  such  new  district  for 
thirty  days  next  preceding  an  election,  his  name  shall  be  en- 
tered on  the  voting  list;  otherwise  not.  When  the  voter  re- 
moves from  one  place  to  another  in  the  same  district,  the  regis- 
ter shall  show  the  change  before  his  vote  is  received. 

Sec.  246.  Registers  compared,  signed,  certified,  and  re- 
turned— At  the  end  of  the  first  day's  registration  in  such  cities, 


40  THE  ELECTION  LAWS 

the  board  shall  carefully  compare  the  registers  and  correct  any 
errors  therein,  and  one  or  more  of  the  judges  shall  sign  his 
name  at  the  end  of  the  list  on  every  page,  so  that  no  name 
can  be  added  without  discovery,  and  all  the  judges  shall  also 
sign  and  attach  to  such  register  a  certificate  in  substance,  as 
follows:  "We,  the  undersigned,  judges  of  election  in  the 

district  of ward,  in  the  city  of 

,   in  the   state   of   Minnesota,   do   jointly   and 

severally  certify  that,  at  the  general  registration  of  voters  in 

such  district,  on  the day  of ,  19 , 

there  were  registered  by  us  in  such  district  the  names  which 
are  inserted  in  this  book,  and  that  the  number  of  registered 

and  qualified  voters  was  and  is ."     (Number  to 

be  written  in  figures  and  words.)  If  any  women  shall  have 
registered,  the  certificate  shall  have  added  thereto,  "of  whom 
are  men  and are  women."  Be- 
fore 10  o'clock  a.  m.  on  the  next  day,  such  registers  shall  be 
deposited  by  one  of  such  board  in  the  office  of  the  city  clerk, 
who  shall  safely  keep  the  same. 

Sec.  247.     Same — Second  registration — Days,  hours,  etc. — 

In  such  cities,  on  Tuesday  two  weeks  preceding  any  general 
election,  and  on  the  thirteenth  day  preceding  any  special  elec- 
tion, such  board  shall  meet  at  the  same  place  as  before,  and 
remain  in  public  session  from  6  o'clock  a.  m.  until  9  o'clock 
p.  m.,  for  the  purpose  of  registering  qualified  voters.  It  shall 
obtain  from  the  city  clerk  and  use  the  same  registers  as  on 
the  first  day,  and  observe  the  same  forms. 

Sec.  248.  Comparing,  signing,  certifying,  posting,  etc. — At 
-the  end  of  the  second  day's  session  the  registers  shall  be  com- 
pared, corrected,  signed,  and  certified  as  on  the  first  day,  with 
this  addition  thereto:  "Making  the  total  number  registered  to 

date  hereof  inclusive ,-  of  whom 

are  men  and are  women."  Before  the  board  ad- 
journs on  this  day,  it  shall  make  a  copy  of  all  the  names  upon 
such  registers,  with  the  addresses  as  therein  indicated,  and 
post  the  same  conspicuously  outside  the  place  of  registration, 
with  a  notice  of  the  time  when  such  board  will  meet  to  com- 
plete and  finally  correct  such  registers;  and  that  the  same  will 


OF  MINNESOTA  FOR  1905.  41 

be  accessible  to  any  voter.  The  registers  shall  be  returned 
by  one  of  such  board  to  the  office  of  such  clerk  before  10 
o'clock  a.  m.  on  the  next  day. 

Sec.  249.  Last  registration  day  in  cities  of  the  first,  second, 
and  third  classes — In  cities  of  the  first  class  on  the  second 
Saturday  preceding  a  general  election  day,  and  in  cities  of 
the  second  and  third  class  on  the  Tuesday  preceding  any  gen- 
eral, and  on  the  day  one  week  preceding  any  special,  election, 
the  board  shall  again  meet  at  the  same  place  for  the  comple- 
tion and  final  correction  of  said  registers.  Said  board  shall 
obtain  the  same  registers  from  the  clerk  and  register  the 
names  of  qualified  voters  as  upon  the  other  days,  and  for  this 
purpose  shall  be  in  session  from  6  o'clock  a.  m.  until  9  o'clock 
p.  m.  on  each  day  of  registration. 

Sec.  250.  Correction  of  registers — Posting  list — Such  board 
shall  erase  from  the  register  the  name  of  any  person  satis- 
factorily proven,  by  the  oath 'of  two  qualified  voters  of  such 
district,  to  be  disqualified  to  vote  at  the  ensuing  election.  At 
the  close  of  the  last  registration  day  the  registers  shall  again 
be  compared,  corrected,  signed,  certified,  and  returned  as  pro- 
vided for  the  other  days.  When  the  registration  has  been  fully 
completed,  and  before  the  board  adjourns  or  separates,  it  shall 
prepare  a  copy  of  the  names  and.addresses  appearing  upon  such 
registers,  and  post  the  same  outside  the  place  of  registration, 
or  in  such  manner  as  to  be  plainly  discernible  and  easily  read 
from  the  outside. 

Sec.  251.  No  person  allowed  to  vote  unless  registered — Ex- 
ception— Only  the  votes  of  qualified  and  registered  voters  shall 
be  received  by  the  judges  at  any  election  in  a  city  of  the  first, 
second,  or  third  class,  except  the  vote  of  a  person  whose  name 
was  erased  as  provided  for  in  section  250,  and  who  takes  the 
oath  and  proves  his  identity  by  the  oath  of  another,  as  herein- 
after prescribed. 

Sec.  252.  Hours  for  opening  and  closing  polling  places — In 
towns  and  villages  the  polls  shall  be  kept  open  from  9  o'clock 
a.  m.  until  5  o'clock  p.  m.,  in  cities  of  the  fourth  class,  from  6 
o'clock  a.  m.  until  7  o'clock  p.  m.,  and  in  all  other  cities  from 
6  o'clock  a.  m.  until  9  o'clock  p.  m. 

No  adjournment  or  intermission  whatever  shall  be  had  until 
the  polls  are  closed,  all  the  votes  counted,  and  the  result  pub- 


42  THE  ELECTION  LAWS 

licly  announced;  but  this  shall  not  be  construed  to  prevent  any 
temporary  recess  for  taking  meals  or  other  necessary  purposes, 
provided,  the  board  remains  in  session  and  not  more  than  one 
member  thereof  is  absent  at  the  same  time.  (c.  125,  G.  L. 
1909) 

Sec.  253.  Location  of  polling  places — No  election  shall  be 
held  or  appointed  to  be  held  in  any  saloon  or  bar  room,  or 
in  any  room  used  or  occupied  as  a  place  of  resort  for  idlers 
or  disreputable  persons,  or  in  any  room  adjoining  either.  Nor 
shall  such  election  be  held  in  any  room  wherein  the  require- 
ments of  this  chapter  relative  to  booths,  railings  and  distances 
cannot  be  substantially  complied  with.  Such  polling  places 
in  all  cities  shall  be  upon  the  ground  floor,  in  a  front  room, 
the  entrance  to  which  is  from  a  highway  or  public  street  at 
least  forty  feet  wide,  and  as  near  the  center  of  the  voting  pop- 
ulation of  the  district  as  is  practicable. 

Provided,  that  in  cities  of  less  than  twenty  thousand  inhab- 
itants polling  places  conveniently  and  clearly  accessible  may 
be  in  the  second  story  of  buildings  complying  in  all  other  re- 
spects to  the  provisions  of  this  act. 

Sec.  254.  Judges  may  change  polling  place — When  any  place 
designated  for  holding  an  election  is  found  not  to  comply  with 
the  provisions  of  this  chapter,  'the  judges,  on  the  first  day  of 
registration  when  practicable,  and  in  any  event  on  or  before 
the  opening  of  the  polls  on  election  day,  shall  procure  a  suit- 
able place,  as  near  the  designated  place  as  may  be,  which  is 
not  subject  to  such  objection. 

Sec.  255.  Notice  of  change  of  polling  place — When  a  change 
of  the  place  of  registration  or  election  has  been  determined 
upon,  the  judges  shall  meet  at  the  place  first  designated,  and, 
after  filling  any  vacancies  in  the  number,  adjourn  to  the  new 
place  selected,  first  publicly  announcing  the  change  to  the 
electors  present,  and  posting  in  a  conspicuous  place  at  said 
first  designated  place  a  notice  of  the  change  made  by  them. 
They  shall  also  post  a  similar  notice  at  the  new  registration 
or  voting  place,  and,  if  deemed  necessary  by  any  of  such 
judges,  they  shall  post  additional  notices  of  said  change  in 
three  public  places  in  the  district.  They  shall  certify  to  the 
proper  authorities  the  expenses  attending  such  change,  which 
shall  be  allowed  and  paid  as  part  of  the  election  expenses. 


OF  MINNESOTA  FOR  1905.  »:'. 

Sec.  256.  Arrangement  of  polling  places — Each  polling  place 
shall  be  provided  with  one  white,  one  pink,  one  blue,  and  one 
red  ballot  box,  and,  where  women  arc  entitled  to  vote,  a  sep- 
arate box  for  ballots  cast  by  them.  As  many  of  these  boxes 
shall  be  used  at  any  election  as  there  are  kinds  of  ballots  to 
be  voted.  Each  box  shall  be  of  sufficient  size,  and  with  a  suffi- 
cient aperture,  to  receive  and  contain  all  the  ballots  likely  to 
be  placed  therein.  Each  polling  place  -shall  consist  of  a  single 
room,  containing  at  least  two  booths  for  every  one  hundred 
voters  registered.  Each  booth  shall  be  six  feet  high,  three 
feet  deep,  and  at  least  two  feet  wide,  with  a  shelf,  at  least  one 
foot  wide,  extending  from  side  to  side  at  a  convenient  height 
for  writing,  and  be  provided  with  a  door  or  curtain  so  that 
the  voter  may  be  free  from  observation  while  marking  his 
ballot.  It  shall  at  all  times  when  in  use  be  provided  with 
cards  of  instruction,  an  indelible  pencil,  and  other  supplies 
needful  in  marking  the  ballots.  A  guard  rail  shall  be  so  placed 
that  only  persons  who  are  inside  thereof  can  approach  within 
six  feet  of  the  ballot  boxes  or  the  booths,  but  the  boxes,  booths, 
judges,  and  clerks  shall  be  in  open  public  view.  Such  guard  rail 
shall  be  so  constructed  as  to  provide  a  separate  entrance  and 
exit  for  voters. 

Sec.  257.  Order  at  polls — Special  officers — The  peace  officer 
shall  keep  order  and  quiet  at  the  polling  places.  During  the 
voting  hours  no  persons  other  than  those  receiving,  marking 
and  depositing  ballots  shall  be  permitted  to  approach  within 
six  feet  of  the  booths,  unless  by  consent  of  the  judges,  given 
by  authority  of  law.  Special  peace  officers  may  be  appointed 
by  the  judges  when  necessary.  Any  person  guilty  of  riotous 
or  disorderly  conduct  shall  be  arrested,  upon  refusal  to  desist 
when  warned.  No  peace  officer  shall  remain  in  the  voting 
room  unless  so  ordered  by  the  judges,  nor  interfere  in  any 
manner  with  the  voters. 

Sec.  258.  Procuring  registers,  ballots,  boxes,  etc. — Before 
3  o'clock  p.  m.  on  the  day  preceding  any  election,  the  judges 
shall  procure  the  registers  provided  for  in  this  chapter  from 
their  legal  custodian,'  one  being  procured  by  a  judge  repre- 
senting one  of  the  two  leading  political  parties,  and  the  other 
by  one  representing  another  leading  party.  The  custodian 
of  the  ballot  boxes  and  ballots  shall  deliver  the  same  to  the 


44  THE  ELECTION  LAWS 

judges  of  the  respective -districts,  together  with  their  keys, 
the  poll-books,  stationery,  and  material  required  at  such  elec- 
tion. The  judges  shall  be  responsible  for  the  safe-keeping  of 
said  registers  and  ballots  unaltered,  and  shall  have  all  such 
ballots,  boxes,  registers,  poll-books,  printed  instructions,  and 
materials  at  the  polling  places  in  their  respective  districts  at 
the  opening  of  the  polls  on  the  day  of  election.  Except  in 
cities  of  the  fourth  class  and  over  and  election  districts  within 
fifteen  miles  of  the  county  seat,  the  county  auditor  shall  at 
least  one  week  before  the  election  send  such  ballots  by  regis- 
tered mail  or  express  to  the  proper  board  of  such  election  dis- 
tricts. 

Sec.  259.  Proceeding  on  failure  of  judges  to  obtain  register 
and  ballots — In  case  neither  of  the  judges  appears  at  the  office 
of  the  custodian  of  the  ballots,  as  provided  in  section  258,  he 
shall  forthwith  send  to  the  proper  district  the  ballots  there- 
for, securely  wrapped,  tied,  and  sealed,  by  special  messenger, 
who  shall  forthwith  deliver  the  same  to  such  judges,  or  one 
of  them;  or,  if  unable  to  do  so,  he  shall  deliver  them  at  the 
polling  place  at  the  hour  for  opening  the  polls.  He  shall  take 
a  receipt  for  such  ballots,  and  promptly  file  the  same  with 
such  custodian,  together  with  his  affidavit  stating  when,  where, 
and  to  whom  he  made  such  delivery.  Such  judges,  and  each 
of  them,  shall  be  chargeable  with  all  expense  incident  to  such 
delivery  and  report,  together  with  mileage,  the  same  as  allowed 
to  sheriffs  for  serving  process ;  but  nothing  herein  shall  relieve 
any  such  judge  from  the  penalty  provided  by  law  for  neglect 
of  duty. 

Sec.  260.  Ballots  not  delivered — Additional  or  substitute 
ballots — If  the  ballots  are  not  deli-vered,  or  are  stolen  or  de- 
stroyed, and  sufficient  regular  ballots  cannot  seasonably  be 
had,  the  county  auditor  or  other  proper  official  shall  cause 
other  ballots  to  be  immediately  prepared  as  nearly  in  the  form 
prescribed  as  practicable,  with  the  word  "Substitute"  printed 
in  brackets  immediately  over  the  words  "Official  Ballot,"  as 
indorsed  on  regular  ballots,  and,  when  practicable,  with  the 
facsimile  signature  of  the  officer  preparing  the  same,  accom- 
panied by  his  affidavit  that  the  same  have  been  so  prepared 
and  furnished  by  him,  and  that  the  original  ballots  have  not 


OF  MINNESOTA  FOR  1905.  45 

been  received,  or  have  been  destroyed  or  stolen,  as  the  case 
may  be.  The  judges  shall  cause  such  substituted  ballots  to 
be  used  at  the  election. 

Sec.  261.  Proceeding  when  there  are  no  official  or  substi- 
tute ballots — When  no  official  or  substitute  ballots  are  ready 
for  distribution  at  any  polling  place,  or  if  the  supply  be  ex- 
hausted before  the  polls  are  closed,  unofficial  ballots,  printed 
or  written  as  nearly  as  practicable  in  the  form  of  the  official 
ballots,  or  of  any  ticket  or  tickets  forming  a  part  or  parts 
thereof,  may  be  used  until  substitutes  prepared  by  the  proper 
official  can  be  printed  and  delivered;  and  the  fact  shall  be  cer- 
tified and  accompany  the  returns  of  election. 

Sec.  262.  Proceedings  preliminary  to  opening  polling  places 
— Immediately  before  opening  the  polls,  one  of  the  judges 
shall  open  the  ballot  boxes  in  the  presence  of  the  people  there 
assembled,  turn  them  upside  down  so  as  to  empty  them  of 
everything  that  is  in  them,  then  lock  them  and  deliver  the 
key  to  another  of  the  judges.  The  judges  shall  thereupon  pro- 
claim that  the  polls  are  open,  and  cause  written  or  printed 
notices  of  the  hour  of  closing  them  to  be  conspicuously  posted 
outside  the  polling  place.  Such  boxes  shall  not  be  reopened 
until  opened  for  the  purpose  of  counting  the  ballots  therein  at 
tke  close  of  the  polls. 

Sec.  263.  Challengers  allowed  in  the  room — Substitutes — 
The  judges  shall  allow  one  voter  of  each  political  party  cast- 
ing one  per  cent  of  the  entire  vote  at  the  preceding  election 
in  that  district,  selected  by  said  parties  respectively,  and  hav- 
ing a  certificate  in  writing  from  the  chairman  of  an  authorized 
committee  of  the  party  he  represents,  to  be  in  the  room  where 
the  election  is  held,  to  act  as  challenger  of  voters;  and  such 
challengers  may  remain  with  the  board  until  the  votes  are 
canvassed  and  the  result  declared.  In  case  of  the  temporary 
absence  of  any  challenger  for  meals  or  by  reason  of  sickness, 
he  may  substitute  some  other  person  of  like  political  belief, 
who  shall  be  identified  by  an  affidavit  of  such  challenger  or 
substitute. 

Sec.  264.  Gatekeeper — The  judges  may  authorize  a  peace 
officer  to  act  as  gatekeeper,  who  shall  direct  voters  how  to 
pass  to  and  from  the  booths,  and  no  person  shall  interfere  with 


46  THE  ELECTION  LAWS 

him  in  any  manner  while  in  the  discharge  of  his  duty.  Such 
gatekeeper  shall  not  aid,  assist,  suggest,  advise,  or  entreat  any 
elector  to  prepare  his  ballot  in  a  particular  manner. 

Sec.  265.  Proceedings  on  disability  of  clerk  while  on  duty — 
When  any  clerk,  after  entering  upon  the  discharge  of  his 
duties,  becomes  unable,  or  for  any  reason  fails,  to  complete 
the  performance  of  his  duties,  the  judges  may  appoint  an- 
other in  his  place,  who  shall  take  the  required  oath.  The 
fact  of  his  appointment,  the  time  when  and  circumstances  un- 
der which  it  was  made,  shall  be  noted  in  the  poll-books,  if 
the  polls  have  not  been  closed,  and,  if  closed,  all  of  the  same 
shall  be  certified  with  the  returns;  and  such  statement  shall 
show  the  work  done  and  to  be  done  at  the  time  of  such  ap- 
pointment. 

Sec.  266.  Initials  on  ballots — Before  the  voting  begins,  or 
as  soon  thereafter  as  possible,  tw  •)  judges  of  opposite  political 
parties  shall  place  their  initials  on  the  backs  of  all  the  ballots 
they  have,  immediately  under  or  opposite  the  facsimile  of  the 
signature  of  the  officer  under  whose  direction  the  ballots  were 
printed,  and  shall  not  otherwise  mark  the  same. 

Sec.  267.  Ballots,  distribution  and  indorsement — Ballot  box- 
es in  view — No  official  ballot  shall  be  distributed  except  in 
the  voting  room  to  voters  about  to  vote,  and  no  ballot  which 
is  not  officially  indorsed  in  the  handwriting  of  such  judges  shall 
be  placed  in  the  box.  The  ballot  boxes  shall  at  all  times  be 
kept  in  public  view. 

Sec.  268.  Who  allowed  in  voting  rooms — No  person  shall 
be  allowed  to  go  or  remain  inside  the  railing  at  the  voting  place 
except  members  of  the  board,  clerks,  peace  officers,  and  one 
member  of  each  of  the  political  parties  represented  on  the  bal- 
lot, and  voters  who  are  about  to  vote,  unless  it  be  a  voter  who 
is  called  upon  to  assist  another  voter  who  cannot  read  English 
or  is  physically  disabled,  in  marking  his  ballot,  as  herein  pro- 
vided. 

Sec.  269.  Number  of  voters  admitted — Time  for  preparing 
ballot — The  number  of  voters  within  the  rail  shall  in  no  case 
exceed  the  number  of  booths  by  more  than  three.  The  judges 
may  make  such  regulations  as  they  deem  proper  as  to  the 
time  which  a  voter  may  remain  in  the  polling  room  while  re- 
ceiving, preparing,  and  voting  his  ballot,  which  time  shall  not 


OF  MINNESOTA  FOR  1905.  47 

be  less  than  three  nor  more  than  ten  minutes,  unless  the  delay 
is  occasioned  by  his  vote  being  challenged,  or  is  the  fault  of 
the  board,  or  some  of  them. 

Sec.  270.  Crowds  not  permitted  in  vicinity  of  voting  places — 
All  voters  shall  be  allowed  to  go  to  the  polling  room  for  the 
purpose  of  voting,  and  to  return  therefrom,  without  molesta- 
tion, but  neither  voters  nor  others  shall  be  allowed  to  congre- 
gate in  any  number  within  one  hundred  feet  of  any  polling 
room.  In  cities  of  the  first,  second,  and  third  classes,  only 
election  officers  and  voters  who  are  ready,  but  have  not  voted, 
shall  be  permitted  to  stand  within  fifty  feet  of  the  entrance  to 
a  polling  place. 

Sec.  271.  One  judge  to  have  charge  of  ballots,  and  two  of 
registers — One  of  the  judges  shall  have  charge  of  and  hand  to 
and  receive  from  each  voter  the  ballots.  The  other  two  shall 
have  charge  of  the  two  registers,  each  using  one  as  herein 
provided. 

Sec.  272.  Challenge — Oath — Questions  and  other  proceed- 
ings— Before  any  person  offering  to  vote  receives  the  ballots 
from  the  judges,  each  judge  shall,  and  any  authorized  chal- 
lenger or  other  voter  may,  challenge  such  person  whom  he 
knows  or  suspects  not  to  be  a  qualified  voter.  The  challenger 
shall  state  the  ground  thereof,  whereupon  a  judge  shall  ad- 
minister to  the  challenged  person  the  following  oath:  "You 
do  solemnly  swear  that  you  will  fully  and  truly  answer  all 
such  questions  as  shall  be  put  to  you  touching  your  qualifica- 
tions as  a  voter  at  this  election?"  The  judges  shall  then  ques- 
tion the  challenged  party  in  such  manner  as  will  tend  to  dis- 
close the  particular  facts  in  reference  to  which  the  challenge 
is  made.  He  may  be  inquired  of  as  to  his  name,  age,  then 
place  of  residence,  length  of  time  he  has  resided  in  the  town, 
city,  ward,  or  district;  where  his  last  place  of  residence  was; 
as  to  his  citizenship,  whether  he  is  a  native  or  naturalized 
citizen,  and,  if  the  latter,  when,  where,  in  what  court,  and  be- 
fore whom,  he  was  naturalized;  whether  he  came  into  the 
town,  city,  or  ward  for  the  purpose  of  voting  at  that  election ; 
how  long  he  intends  to  remain  a  resident  of  such  town,  city, 
MI-  ward;  and  such  other  questions  as  tend  to  test  his  residence 
and  his  right  to  vote.  If  he  refuses  to  answer  the  questions 
put  to  him,  his  name  shall  not  be  put  upon  the  poll  lists,  nor 


48  THE  ELECTION  LAWS 

shall  he  be  allowed  to  vote,  unless  he  at  once  reconsiders  and 
answers  the  questions.  He  shall  not  be  allowed  to  vote  if  he 
leaves  the  polling  place  and  afterward  returns,  although  then 
ready  to  answer  the  questions. 

Sec.  273.  Further  examination  of  challenged  person — After 
the  questions  specified  in  section  272  have  been  answered,  if 
the  challenge  is  not  withdrawn,  the  judges  shall  administer  the 
following  oath :  "You  do  swear  that  you  are  a  citizen  of  the 
United  States ;  that  you  are  twenty-one  years  of  age,  and  have 
been  a  resident  of  this  state  for  six  months  immediately  pre- 
ceding this  election,  and  an  actual  resident  of  this  election 
district  for  thirty  days  immediately  preceding  this  election ; 
that  you  are  a  qualified  voter  in  this  district ;  and  that  you 
have  not  voted  at  this  election?"  Upon  taking  this  oath  he 
shall  be  allowed  to  vote,  except  when  it  appears  that  his  name 
has  been  registered  and  erased;  then  he  shall  not  be  allowed 
to  vote  unless  he  also  produces  a  person  known  to  a  majority 
of  the  judges,  who  makes  and  subscribes  an  oath  in  their  pres- 
ence as  to  the  identity  of  the  person  so  offering  to  vote,  after 
which  he  shall  be  allowed  to  vote.  If  such  person  refuses  to 
take  the  oath  specified  in  this  section  or  section  272,  or,  when 
so  required,  refuses  to  produce  the  person  to  swear  to  his 
identity  and  residence,  as  herein  provided,  then  his  name  shall 
not  be  put  upon  the  poll  list,  nor  shall  he  be  allowed  to  vote. 

Sec.  274.    Voter  receiving  ballot  to  retire  to  booth  alone — 

When  the  judges  are  satisfied  that'the  person  applying  there- 
for is  a  voter,  the  judge  having  charge  of  the  ballots  shall  tear 
from  the  blocks  one  ballot  of  each  kind  that  is  to  be  voted, 
having  the  proper  initials  thereon,  and  hand  the  same  to  the 
voter,  who  shall  retire  alone  to  one  of  the  booths  and  there 
prepare  such  ballot  or  ballots.  Voters  may  be  allowed  to 
carry  with  them  to  the  booths  sample  ballots  to  assist  them 
in  marking  the  official  ballots,  but  the  same  shall  not  be  print- 
ed on  white,  pink,  blue,  or  red  paper;  and  it  shall  be  a  mis- 
demeanor to  print  or  distribute  sample  ballots  printed  upon 
such  paper.  Sample  ballots  may  be  printed  in  newspapers  as 
matter  of  news. 

Sec.  275.  Marking  ballots — Rules — The  voter  shall  mark 
each  of  such  ballots  with  the  indelible  pencil  furnished.  If 


OF  MINNESOTA  FOR  1905.  49 

he  soils  "or  defaces  either  of  them,  he  shall  at  once  return  the 
same  and  get  other  ballots  as  hereinafter  provided.  In  mark- 
ing ballots,  the  following  rules  shall  be  observed: 

1.  When  presidential  electors  are  to  be  voted  for,  the  voter 
shall  place  a  mark  (X)   in  the  square  opposite  the  group  of 
candidates  of  the  party  of  his  choice. 

2.  In  all  other  cases  he  shall  place  a  like  mark  (X)  in  the 
square  opposite  the  printed  name  of  each  candidate  for  whom 
he  desires  to  vote,  and  only  those  so  marked  shall  be  counted. 

3.  When  he  so  desires,  he  may  write  other  names  in  the 
blank  spaces  under  the  printed  names  of  candidates,  and  the 
names  so  written  shall  be  counted  as  balloted  for,   whether 
marked  in  the  small  square  or  not. 

4.  When  he  has  prepared  his  ballot,  he  shall  so  fold  it,  con- 
cealing its  face  and  all  marks  thereon,  as  to  expose  only  the 
indorsement   and   the   facsimile   signature   and   initials   of   the 
judges  on  the  back  thereof. 

5.  He  shall  mark  and  fold  separately  each  ballot,  and  at 
once  withdraw  from  the  voting  booth. 

Sec.  276.  Further  proceedings  in  balloting — Challenge — 
The  voter,  having  prepared  his  ballots,  shall  hand  the  same 
to  the  judge  in  charge  of  the  ballot  boxes,  who,  without  open- 
ing or  permitting  them  to  be  opened  or  examined,  shall  de- 
posit the  same  in  the  proper  boxes,  first  announcing  the  name 
and  residence  of  the  voter  in  an  audible  voice;  and  the  judges 
in  charge  of  the  registers  shall  mark  "Voted,"  or  the  letter 
"V,"  in  a  column  therein  prepared,  in  the  same  line  with  the 
voter's  name.  At  any  time  before  such  ballots  or  either  of 
them  have  been  deposited  in  the  boxes,  he  shall  be  subject  to 
challenge  by  either  of  the  judges,  or  by  any  person  who  was 
not  present  at  the  time  he  procured  such  ballots ;  but  no  party 
challenger  or  other  person,  except  a  judge,  who  was  present 
when  the  ballot  was  delivered  and  had  knowledge  thereof 
shall  afterwards  interpose  a  challenge.  When  so  challenged, 
the  same  proceedings  shall  be  had  as  hereinbefore  provided; 
and,  if  the  person  offering  to  vote  is  found  disqualified,  said 
ballots  so  prepared  by  him  shall  be  placed  among  the  spoiled 
ballots,  and  not  opened.  When  no  challenge  is  interposed,  the 
voter  shall,  after  voting-,  at  once  retire  from  the  voting  rooms; 


50  THE  ELECTION  LAWS 

and,  when  challenged,  he  shall  retire  as  soon  as  the  challenge 
is  determined,  and  shall  not  again  return  unless  by  permission 
of  all  the  judges. 

Sec.  277.  Proceedings  when  elector  spoils  ballots — When 
a  voter  spoils  a  ballot,  he  may  return  it  and  receive  another. 
When  he  spoils  a  second  ballot,  before  receiving  another  he 
shall  state  under  oath  whether  or  not  he  can  read  English. 
When  he  claims  to  be  able  to  read  English,  a  third,  and  if 
necessary,  a  fourth,  ballot  shall  be  delivered  to  him;  but  no 
ballot  shall  be  so  delivered  until  the  ballot  previously  deliv- 
ered has  been  returned,  nor  shall  more  than  four  ballots  of 
any  one- color  be  delivered  to  any  one  voter.  When  such  voter, 
after  spoiling  two  ballots,  shall  state  under  oath  that  he  can- 
not read  English,  proceedings  shall  be  had  as  provided  in  sec- 
tion 278.  All  spoiled  and  unused  ballots  shall  be  preserved  by 
the  board  and  returned  to  the  officer  from  whom  they  were 
received,  who  shall  preserve  them  until  ten  days  after  the 
county  official  canvass. 

Sec.  278.  Proceedings  when  voter  cannot  read  English,  or 
is  physically  unable  to  mark  ballot — When  any  voter  states 
under  oath  that  he  cannot  read  English,  or  that  he  is  physically 
unable  to  mark  his  ballot,  he  may  call  to  his  aid  one  or  more 
of  the  judges,  who  shall  mark  his  ballot  as  he  may  desire, 
and  in  as  secret  a  manner  as  circumstances  permit.  When 
he  also  states  that  he  cannot  speak  the  English  language  or 
understand  it  when  spoken,  the  judges  may  select  two  per- 
sons from  different  political  parties  to  act  as  interpreters,  who 
shall  take  an  oath  similar  to  that  taken  by  the  judges,  and 
assist  such  person  in  marking  his  ballots.  When  he  shall  pre- 
fer, he  may  call  to  his  aid  any  voter  of  the  same  district,  who 
unaccompanied  by  a  judge  may  retire  with  him  to  one  of  the 
booths  and  mark  the  ballot  for  him ;  but  no  person  shall  mark 
the  ballots  of  more  than  three  such  voters  at  one  election. 
Before  depositing  his  ballot  such  voter  shall  show  it  privately 
to  either  a  judge  or  a  clerk  to  ascertain  that  it  is  marked  as 
directed ;  but  a  physically  disabled  voter,  who  is  able  to  de- 
termine for  himself,  need  not  show  his  ballot.  No  judge  or 
other  person  so  assisting  a  voter  shall  in  any  manner  request, 
persuade,  or  induce,  or  attempt  to  persuade  such  voter  to  vote 
for  any  particular  party  or  candidate,  but  shall  mark  the  bal- 


OF  MINNESOTA  FOR  1905.  51 

lot  as  requested,  and  shall  not  reveal  to  any  other  person  the 
name  of  any  candidate  for  whom  the  voter  has  voted,  or  any- 
thing that  took  place  while  so  assisting  him. 

Sec.  279.     Proceedings  when  voter  is  physically  disabled — 

When  the  judges  are  informed  that  a  voter  is  at  the  door  who 
is  unable  to  enter  the  polling  place  without  assistance,  they 
may  appoint  one  of  their  number  to  take  an  official  ballot  or 
ballots  to  him  and  assist  in  marking  the  same,  when  requested, 
in  the  presence  of  some  one  selected  by  such  voter.  When 
the  ballot  or  ballots  have  been  marked  and  folded,  the  same 
shall  be  handed  to  the  judge  in  charge  of  the  ballot  boxes,  who 
shall  announce:  "Ballot  (or  ballots)  offered  by  (name),  a 
person  unable  to  enter  the  voting  place  by  reason  of  physical 
disability;  does  any  one  object  to  the  reception  of  this  ballot?" 
If  no  one  objects,  the  ballot  or  ballots  shall  be  deposited;  but, 
if  objection  be  made,  it  shall  be  treated  as  the  interposition  of 
a  challenge,  and  proceedings  shall  be  had  as  in  case  of  chal- 
lenges. 

Sec.  280.  Voter  not  to  disclose  how  he  has  voted — No  voter 
shall  divulge  to  any  one  within  the  polling  place  the  name  of 
any  candidate  for  whom  he  intends  to  vote  or  has  voted,  nor 
shall  he  ask  for  or  receive  assistance  from  any  one  within  the 
polling  place  in  the  preparation  of  his  ballot,  except  as  here- 
inbefore provided.  When  any  voter,  after  having  marked  his 
ballot,  shows  it  to  any  one  except  as  hereinbefore  provided, 
the  judges  shall  refuse  to  receive  such  ballot,  but  shall  place 
it  among  the  spoiled  ballots,  and,  when  such  showing  has 
clearly  been  intentional,  no  other  ballot  shall  be  delivered  to 
such  voter. 

Sec.  281.  Intoxication — Intoxication  shall  not  be  regarded 
as  a  physical  disability,  and  no  intoxicated  person  shall  be  en- 
titled to  assistance  in  marking  his  ballot.  •  No  voter  shall  be 
permitted  to  vote  while  grossly  intoxicated. 

Sec.  282.  Voter  to  give  residence,  etc. — Every  voter,  at  the 
time  of  applying  for  or  offering  his  ballot,  shall  truly  state  the 
name  of  the  street  in  which  he  resides,  and,  if  the  house  where 
he  resides  is  numbered,  the  number  thereof,  and,  if  required, 
whether  he  is  the  householder  or  a  lodger  or  employee  there- 
in, and  such  other  matters,  as  are  necessary  for  identification. 


52  THE  ELECTION  LAWS 

On  refusal  to  make  such  statement,  his  ballot,  if  he  has  re- 
ceived any,  shall  be  placed  among  the  spoiled  ballots,  and  he 
shall  not  be  allowed  to  vote. 

Sec.  283.  Absence  of  employee  to  vote — Every  employee 
entitled  to  vote  at  a  general  or  city  election  shall  be  permit- 
td  to  absent  himself  from  his 'work  for  that  purpose  during 
the  forenoon  of  each  election  day,  without  a  penalty  or  de- 
duction from  salary  or  wages  on  account  of  such  absence. 

Sec.  284.  Removal  of  ballots  from  blocks — Unused  ballots — 
No  judge  shall  remove  any  of  the  ballots  from  the  block  ex- 
cept separately,  as  required  by  voters  for  voting.  The  judges 
shall  preserve  unused  and  spoiled  ballots  and  return  them  to 
the  officers  from  whom  they  were  received,  with  a  statement 
of  the  number  used,  and  take  receipts  therefor. 

Sec.  285.  Clerks  to  keep  poll  lists — Form — Every  clerk 
shall  make  a  poll  list  containing  one  column  headed  "Num- 
ber," one  headed  "Residence,"  one  headed  "Names  of  Voters," 
and  as  many  additional  columns  as  there  are  boxes  used,  head- 
ed to  correspond  with  the  color,  and  one  headed  "Remarks." 
He  shall  enter  therein  the  name  of  each  voter  in  the  column 
headed  "Names  of  Voters,"  his  residence  in  column  headed 
"Residence,"  and,  where  more  than  one  box  is  used,  he  shall 
write  opposite  such  name  the  figure  "i"  in  each  remaining 
column  corresponding  in  heading  with  the  name  of  each  box 
in  which  his  vote  is  deposited.  In  the  column  headed  "Num- 
ber" he  shall  write  consecutively  the  numbers  of  the  persons 
voting,  the  first  vote  being  numbered  i.  He  shall  enter  in 
the  column  headed  "Remarks"  and  opposite  the  name  of  each 
person  not  registered,  the  words  "Not  registered,"  and,  if  any 
vote  is  sworn  in,  he  shall  there  note  that  fact.  He  shall  also 
enter  in  the  same  column,  on  a  line  with  the  name  of  any 
person  receiving  assistance,  a  brief  statement  of  that  fact, 
such  as  "Marked  by  judge,"  "Marked  at  door,"  "Marked  by 

,"  giving  the  name  of  any  person,  other 

than  a  judge,  so  assisting. 

Sec.  286.  Notice  of  closing  polls — Persons  present  not  ex- 
cluded— Time — The  judges  shall  make  oral  proclamation  at 
the  door  of  each  polling  place  thirty  minutes  before  the  hour 
fixed  by  law  for  closing  the  polls,  in  substantially  the  follow- 
ing words:  "Hear  ye!  hear  ye!  hear  ye!  the  polls  will  be 


OF  MINNESOTA  FOR  1905.  53 

closed  in  thirty  minutes."  When  the  hour  for  closing  has 
arrived,  the  polls  shall  be  closed,  regardless  of  the  fact  that 
voters  are  outside  who  have  not  voted.  But  all  voters  who 
have  received  ballots,  or  are  then  inside  the  polling  place  pre- 
paratory to  receiving  them,  and  none  others,  shall  be  allowed 
to  vote.  On  or  before  the  opening  of  the  polls  the  judges  shall 
agree  upon  some  standard  of  time  to  be  used  in  opening  and 
closing  the  polls. 

Sec.  287.  Statements  attached  to  poll  lists  and  to  register — 
Every  poll  list  shall  be  headed  by  the  designation  of  the  dis- 
trict, and  the  election  at  which  it  is  used,  and,  as  soon  as  the 
polls  are  finally  closed,  the  judges  shall  attach  thereto  a  state- 
ment substantially  as  follows:  "The  number  of  persons  whose 
names  appear  above  and  who  were  present  and  voted  at  the 

above  named  election  was ,  of  whom 

were  women ;  the  number  of  white  ballots  cast  was ; 

the  number  of  pink'ballots  cast  was ;  the  number 

of  blue  ballots  cast  was ;  the  number  of  red  ballots 

cast  was ;  and  the  number  of  ballots  cast  by  women 

(such  ballots  not  being  included  in  the  numbers  above  given) 

was ."    The  blanks  in  such  form  shall  be  filled  by 

the  proper  numbers,  written  in  words  and  figures,  the  figures 
in  parentheses.  Such  statement  shall  be  signed  by  each  judge 
and  attested  by  each  clerk;  and  immediately  thereafter  they 
shall  prepare,  sign,  and  attest  a  statement  at  the  end  of  each 
of  the  registers,  substantially  as  follows :  "The  whole  num- 
ber of  the  above  named  persons  who  were  present  and  voted 

at  the  above  named  election  was "  (in  words 

and  figures). 

Sec.  288.  Canvass — Ballots  handled  by  judges  only— The 
judges  shall  then  proceed  to  canvass  the  votes  cast  at  such 
election.  Such  canvass  shall  be  public  and  continued  without 
intermission  (except  as  provided  in  section  252)  until  com- 
pleted and  the  result  declared.  During  such  canvass  no  person 
other  than  the  judges  shall  handle  or  interfere  with  the  ballots. 

Sec.  289.  Boxes  opened,  in  what  order — Preliminary  re- 
turns— The  ballot  boxes  shall  be  opened,  the  votes  counted, 
and  the  results  declared,  one  box  at  a  time,  as  follows:  First, 
the  white  box;  second,  the  pink;  third,  the  blue;  and  fourth, 
the  red.  Then  the  box  provided  for  women  shall  be  opened 


54  THE  ELECTION  LAWS 

and  the  votes  canvassed.  The  returns  shall  not  be  prepared 
until  the  votes  in  all  the  boxes  have  been  counted,  so  as  to 
allow  corrections  in  case  any  errors  have  occurred  by  reason  of 
the  deposit  of  ballots  in  wrong  boxes.  But  in  any  city  of  the 
first  class  the  council  may  require  the  judges  to  insert,  on 
forms  prepared  by  the  city  clerk,  a  preliminary  statement  of 
any  class  of  ballots  cast,  as  soon  as  the  count  of  that  class 
has  been  completed.  Such  statement  shall  be  signed  by  one 
or  more  of  the  judges,  and  delivered  forthwith,  to  a  special 
messenger  designated  by  such  city  clerk,  who  shall  take  the 
same  to  him  at  once ;  but  such  statement  shall  not  be  deemed 
an  official  return. 

Sec.  290.  Canvass  of  votes,  first  proceedings — The  judges 
shall  begin  the  canvass  by  taking  from  the  box  the  ballots, 
unopened  except  so  far  as  necessary  to  ascertain  whether  every 
ballot  is  single,  and  counting  them  to  determine  whether  their 
number  corresponds  with  the  number  appearing  on  the  poll  list 
to  have  been  cast  in  such  box.  Whenever  two  or  more  ballots 
are  found  so  folded  together  as  to  appear  like  a  single  ballot, 
they  shall  lay  them  aside  until  the  ballots  in  all  the  boxes  have 
been  counted.  If,  on  comparing  such  ballots  with  the  number 
of  the  same  class  appearing  by  the  poll  lists  to  have  been  cast, 
it  is  evident  that  the  ballots  so  folded  together  are  cast  by  one 
voter,  they  shall  preserve  but  not  count  them.  Whenever 
there  is  an  excess  of  ballots  in  any  box,  they  shall  examine 
them  and  ascertain  whether  all  are  properly  marked  with  the 
initials  of  the  judges,  and,  if  any  are  not  so  marked,  they  shall, 
preserve  but  not  count  them.  When  there  is  still  an  excess, 
they  shall  replace  them  in  the  box,  and  one  judge,  without 
looking,  shall  draw  from  the  box  a  number  of  ballots  equal  to 
such  excess,  which  shall  be  preserved,  but  not  counted. 

Sec.  291.  Ballots  not  in  proper  box,  when  counted — When- 
ever the  number  of  ballots  in  any  box  equals  or  exceeds  the 
number  shown  by  the  poll  lists  to  have  been  cast  in  such 
box,  no  ballots  proper  to  have  been  deposited  therein,  but 
found  in  another  box,  shall  be  counted ;  but  whenever  the  num- 
ber is  less  than  that  shown  by  the  poll  lists,  and  ballots  prop- 
erly belonging  in  such  box  are  found  in  another  box,  they 
shall  be  counted  the  same  as  those  in  the  proper  box;  but  if 


OF  MINNESOTA  FOR  1905.  55 

counting  such  ballots  produces  an  excess  of  votes  above  the 
number  shown  by  the  poll  lists,  then  the  number  shall  be  re- 
duced by  drawing  therefrom  as  provided  in  section  290. 

Sec.  292.  Excess  of  ballots,  how  disposed  of — Certificate — 
\\  henever  any  ballots  not  belonging  among  those  being  can- 
vassed from  any  box  shall  be  found,  the  same  shall  be  laid 
aside  until  the  canvass  of  the  class  of  ballots  to  which  they 
belong.  If  there  be  a  deficiency  in  the  number  of  ballots  of 
such  class  in  the  proper  box,  the  ballots  so  found  in  the  wrong 
box,  to  the  extent  of  such  deficiency  (selected  by  lot  when 
necessary),  shall  be  included  and  counted  with  the  class  of 
ballots  to  which  they  belong.  When  the  number  of  ballots  as 
finally  counted  agrees  with  the  poll  lists,  those  not  counted  shall 
be  attached  to  a  certificate  made  by  the  judges,  stating  why 
such  ballots  were  not  counted,  which  certificate  and  uncounted 
ballots  shall  be  sealed  up  in  a  separate  envelope  and  returned 
with  the  other  returns  to  the  officer  from  whom  they  were 
received. 

Sec.  293.  Method  of  counting  ballots — The  judges  shall  then 
count  the  ballots  separately,  numbering  them  consecutively 
in  a  uniform  place  without  defacement,  and  ascertain  the  num- 
ber cast  for  each  person.  The  clerks  shall  carefully  enter  an 
account  of  each  ballot  counted,  on  tally  sheets  or  books  as 
hereinafter  provided,  and  when  all  the  ballots  have  been  count- 
ed, and  from  time  to  time  previously  thereto  when  so  required 
by  the  judges,  they  shall  compare  such  tallies  and  correct  the 
same  when  they  differ.  Such  comparison  shall  be  made  on 
each  tally  sheet,  or  sheet  of  the  tally  book,  before  beginning 
on  another  sheet. 

Sec.  294.  Tally  sheets  for  white  ballots — Two  tally  books, 
or  two  sets  of  tally  sheets,  shall  be  furnished  for  each  elec- 
tion district  by  the  official  charged  with  the  printing  of  the 
ballots,  at  the  time  and  in  the  manner  the  ballots  are  furnished. 
Kach  tally  sheet,  or  the  first  sheet  of  each  tally  book  furnished 
for  white  ballots,  shall  be  headed,  "Tally  sheet  for  white  bal- 
lots,   election  district,  No- 
vember, i<) ..,"  directly  under  which,  and  extending  across 

the  sheet  from  side  to  side,  shall  be  two  heavy  red  lines  one- 
half  inch  apart.  At  the  left  side  of  each  sheet,  in  a  column  of 
suitable  width,  Commencing  just  below  said  red  lines,  there 


56  THE  ELECTION  LAWS 

shall  be  printed  in  plain  type  the  titles  of  the  several  offices  to 
be  filled  and  the  name  of  each  candidate  for  the  same,  and  as 
many  blank  lines  as  appear  on  the  printed  ballot,  the  whole 
being  as  nearly  as  may  be  in  the  same  order  as  on  the  official 
ballot,  omitting  the  squares  for  marking. 

Sec.  295.  Same — Ruling  of  tally  sheet — General  descrip- 
tion— Under  each  set  or  group  of  candidates  for  any  one  office, 
and  the  requisite  number  of  blank  lines,  there  shall  be  a  heavy 
red  line  extending  across  the  sheet,  and  another  such  line 
across  the  bottom.  Heavy  red  lines  shall  also  be  ruled  from 
the  red  line  nearest  to  the  top  to  the  red  line  at  the  bottom 
of  each  sheet,  as  follows :  Three  lines  so  as  to  form  two  spaces, 
each  three-eighths  of  an  inch  wide,  the  first  close  to  the  column 
of  names  hereinbefore  specified ;  then  lines  so  as  to  form  ten 
spaces,  each  five-eighths  of  an  inch  wide,  followed  by  one  space 
three-eighths  of  an  inch  wide,  and  as  many  additional  sets  of 
lines  as  may  be  convenient ;  each  set  to  form  ten  spaces,  each 
five-eighths  of  an  inch  wide,  followed  by  one  space  three- 
eighths  of  an  inch  wide. 

Sec.  296.  Same — Further  description — Under  the  name  of 
each  candidate  or  blank  line,  except  where  a  red  line  is  herein 
provided,  a  light  blue  line  shall  be  ruled  across  the  sheet,  and 
in  each  space  five-eighths  of  an  inch  wide,  extending  from  the 
second  line  from  the  top  to  bottom  line,  four  light  blue  lines 
shall  be  ruled,  in  such  manner  as  to  divide  each  such  space 
into  five  smaller  spaces,  each  one-eighth  of  an  inch  wide. 
Immediately  below  the  upper  red  line  across  the  sheet,  in  the 
first  space  three-eighths  of  an  inch  wide,  the  words  "brought 
forward"  shall  be  printed,  and  in  the  similar  space  on  the  ex- 
treme right  the  words  "carried  forward."  In  each  other  space 
three-eighths  of  an  inch  wide  the  word  "Number"  or  "No." 
shall  be  printed.  And  over  the  column  of  names  the  words 
"Officers  and  Candidates"  shall  be  printed. 

Sec.  297.  Same— Numbering  tallies,  etc. — White  and  pink 
ballots — On  the  same  line,  in  the  spaces  five-eighths  of  an  inch 
wide,  shall  be  printed  in  figures,  commencing  on  the  left,  "5," 
"10,"  "15,"  and  so  on  in  multiples  of  five.  In  each  column 
headed  "Number"  or  "No."  shall  be  printed  in  figures,  in  nu- 
merical order,  "i,"  "2,"  "3,"  and  so  on,  the  figure  "i"  being 
placed  in  line  with  and  opposite  the  name  of  the  candidate 


OF  MINNESOTA  FOR  1905.  67 

nearest  the  top,  and  the  figure  "2"  opposite  the  name  of  the 
next  candidate,  and  in  like  manner  down  the  column,  each 
column  headed  "Number"  to  be  counterpart  of  every  other 
column  so  headed.  A  similar  tally  sheet  shall  be  provided  for 
the  pink  ballots. 

Sec.  298.  Tally  sheets  for  blue  and  red  ballots — The  form 
of  tally  sheets  furnished  by  county  auditors  shall  be  the  same 
as  those  furnished  by  the  secretary  of  state,  except  that  the 
word  "blue"  shall  be  substituted  for  the  word  "white"  or 
"pink"  in  the  heading;  and  those  furnished  by  the  officials 
charged  with  the  printing  of  the  red  ballots  shall  be  the  same, 
except  the  word  "red"  shall  be  substituted  for  the  word  "white" 
in  said  heading,  and  the  names  of  candidates  may  be  printed 
or  written,  or  partly  printed  and  partly  written.  ' 

Sec.  299.  Same — Number  supplied — Deficiency — Such  tally 
sheets  may  be  printed  separately  and  numbered  consecutively, 
or  stitched  together,  but  in  either  case  a  sufficient  riumber 
shall  be  furnished  for-  the  proper  tallying  of  all  votes  cast. 
When  proper  tally  sheets  have  not  been  received  by  any  board 
and  cannot  be  readily  obtained,  the  clerks  shall  prepare  them 
in  conformity  with  those  hereinbefore  described,  in  which  case 
they  shall  certify  that  they  were  so  prepared  and  used  because 
the  official  tally  sheets  were  not  received. 

Sec.  300.  Canvassing  and  counting  votes — When  canvass- 
ing the  votes,  a  memorandum  shall  be  kept  containing  the 
name  of  the  reading  judge,  the  number  of  ballots  read  by  him, 
the  name  of  the  judge  watching  such  reading,  and  the  name 
of  the  judge  stringing  the  ballots  and  watching  the  clerks;  and 
when  the  judges  change  places,  or  clerks  are  relieved,  tem^ 
porarily  or  otherwise,  that  shall  be  noted.  Such  memorandum 
shall  be  certified  in  duplicate,  and  a  copy  thereof  attached  to 
each  set  of  tally  sheets.  When  the  reading  judge  announces 
the  name  of  a  candidate  and  the  office  voted  for,  each  clerk 
shall  make  a  small  mark,  like  the  figure  "i,"  in  the  small  un- 
occupied space  nearest  such  name,  and  on  a  line  therewith, 
and  one  clerk  at  the  time  of  making  such  mark  shall  say,  "one," 
"two,"  "three,"  "four,"  or  "five,"  as  the  blank  space  is  first, 
second,  third,  fourth,  or  fifth  in  any  space  five-eighths  of  an 
inch  wide  and  formed  by  red  lines.  When  such  space  is  the 
proper  one,  the  other  clerk  shall  enter  the  same;  when  not, 


58  THE  ELECTION  LAWS 

he  shall  so  state,  and  the  marks  shall  be  corrected  so  as  to 
agree.  As  the  other  names  are  read,  the  proper  marks  shall 
be  made  on  each  of  the  tally  sheets  until  a  line  on  which  is  the 
name  of  any  one  candidate  shall  contain  no  more  unoccupied 
small  spaces.  Then,  the  sheets  having  been  compared,  a  mark 
in  red  ink  shall  be  made  thereon  in  such  manner  that  no  addi- 
tional tallies  c-an  be  made  therein  without  detection. 

Sec.  301.  Same — In  the  vacant  space  under  the  heading 
"carried  forward,"  the  total  vote,  so  far  as  counted  for  each 
candidate,  shall  be  entered  in  figures  opposite  their  respective 
names,  and  the  same  figures  shall  be  entered  under  the  head- 
ing "brought  forward,"  on  the  next  sheet,  opposite  the  names. 
The  clerks  shall  proceed  in  the  same  manner  with  the  second 
sheet,  including  under  the  heading  "carried  forward"  the  num- 
ber entered  under  "brought  forward."  They  shall  use  the 
sheets  in  the  order  in  which  they  are  numbered  until  all  votes 
have  been  counted.  Then,  having  made  a  mark  to  prevent 
other  tallies,  they  shall  place  after  the  same,  in  both  words 
and  figures,  the  total  vote  received  by  each  candidate ;  but 
this  entry  shall  not  be  made  until  it  has  been  determine.]  that 
there  are  no  ballots  in  other  boxes  to  be  counted  here.  No 
person  except  the  clerks  shall  make  any  entry  upon  the  tally 
sheets,  and  every  person  so  doing,  and  every  judge  or  clerk 
permitting  it  to  be  done,  shall  be  guilty  of  a  misdemeanor. 
('97  c.  242  s.  2) 

Sec.  302.  Rules  for  counting  marks  on  ballots — All  ballots 
shall  be  counted  for  the  persons  for  whom  they  were  intended, 
so  far  as  such  intent  can  be  clearly  ascertained  from  the  ballots 
themselves,  and,  in  determining  such  intent,  the  following  rules 
shall  be  observed: 

1.  When  a  voter  has  placed  a  mark   (X)   against  two  or 
more  names  for  the  same  office,  where  only  one  is- to  be  elected, 
his  vote  shall  not  be  counted  for  either  candidate. 

2.  When  a  voter  has  written  the  name  of  a  person  in  the 
proper  place,  his  vote  shall  be  counted  for  such  person,  whether 
he  makes  a  mark  (X)  opposite  thereto  or  not. 

3.  When  a  mark  (X)  is  made  out  of  its  proper  place,  but  on 
or  so  near  a  name   or   space   as   to   indicate   clearly  that   the 
voter  intended  to  mark  such  name,  the  vote  shall  be  counted 
as  so  intended. 


OF  MINNESOTA  FOR  1905.  59 

4.  When  a  number  of  persons  are  to  be  elected  to  the  same 
office,  all  cross  marks  in  squares  opposite  names,  not  exceeding 
the  whole  number  to  be  elected,  including  names  written  there- 
on, shall  be  counted.    When  less  than  the  number  to  be  elected 
are  marked,  only  those  so  marked  shall  be  counted. 

5.  The  judge  shall  disregard  misspelling  or  abbreviations  of 
the  names  of  candidates,  if  it  can  be  clearly  ascertained  from 
the  ballot  for  whom  it  was  intended. 

6.  When  the  judges  can  determine  from  a  ballot  the  voter's 
choice  for  a  part  only  of.  the  officers,  the  ballot  shall  be  counted 
for  such  part  only. 

7.  When  a  voter  uses  uniformly  a  mark  other  than  (X)  in 
marking  his  ballot,  clearly  indicating  his  intent  to  mark  against 
a  name,  and  does  not  use  (X)  anywhere  else  on  the  ballot,  his 
vote  shall  be  counted  for  each  candidate  so  marked. 

8.  When  a  ballot  shows  that  marks  have  been  made  against 
the  names  of  two  candidates,  and  an  attempt  made  to  erase 
one  of  such  marks,  it  shall  be  counted  for  the  candidate  for 
whom  it  was  evidently  intended. 

9.  All   ballots   marked   as   hereinbefore   provided   shall   be 
counted  for  the  candidates  or  measures  therein  shown  to  be 
voted   for. 

Sec.  303.  Defective  ballots — Announcement  of  vote — A  bal- 
lot so  defective  in  whole  or  in  part  that  it  cannot  be  counted 
by  reason  of  inability  of  the  judges  to  determine  the  intent  of 
the  voter  shall  be  marked  on  the  back  "Defective,"  or  "De- 
fective as  to ,"  naming  the  office  as  to  which 

it  is  defective.  Such  ballots  shall  be  strung  in  regular  order 
with  those  not  defective.  A  memorandum  of  the  number  of 
such  ballots,  and,  if  defective  in'part  only,  of  the  defective  parts 
not  counted,  shall  be  made,  certified,  and  returned  by  the 
judges  with  their  other  returns.  Thereupon  the  ballots  shall 
be  strung  in  the  order  they  are  read  and  canvassed,  the  string 
tied  and  sealed,  ami  the  ballots  replaced  in  the  proper  boxes. 
When  the  correct  result  has  been  ascertained,  one  of  the  can- 
vassing judges  shall  publicly  announce  to  those  present  the 
number  of  votes  cast  for  each  candidate. 

Sec.  304.  Ballot  judges  and  clerks — Appointment — For  gen- 
eral elections,  in  cities  of  the  first,  second,  and  third  classes 
one  additional  judge  and  two  additional  clerks,  to  be  known 


60  THE  ELECTION  LAWS 

as  ballot  judge  and  clerks,  shall  be  appointed  in  each  district, 
and  vacancies  in  their  number  filled  in  the  same  manner  as  in 
case  of  other  judges  and  clerks.  Not  more  than  two  of  the 
four  judges,  nor  more  than  two  of  the  four  clerks,  shall  belong 
to  the  same  political  party.  Such  ballot  judge  and  clerks  shall 
render  no  service  prior  to  the  election  or  after  the  canvass,  ex- 
cept as  expressly  provided  by  law.  In  cities  of  the  fourth 
class,  and  in  villages  and  towns,  such  ballot  judge  and  clerks 
shall  be  appointed  whenever  the  governing  body  thereof,  at 
least  thirty  days  prior  to  the  election,  shall  so  order.  Such 
system,  when  adopted,  shall  be  uniform  in  all  the  districts, 
and  shall  be  continued  until  otherwise  ordered  by  the  govern- 
ing body. 

Sec.  305.  Same — Duties — Such  ballot  judge  shall  be  in  at- 
tendance at  the  opening  of  the  polls,  and  serve  until  the  votes 
are  counted.  He  shall  receive  the  ballots  from  the  regular 
judges,  and,  in  their  issue  to  voters,  act  in  place  and  perform 
the  duties  of  the  regular  judge  in  charge  of  the  ballots.  Such 
judge  and  one  of  the  regular  judges,  not  a  member  of  the  same 
political  party,  shall  place  their  initials  on  the  back  of  the  bal- 
lots, instead  of  two  regular  judges.  When  a  challenge  is  in- 
terposed, it  shall  be  referred  to  the  regular  election  board,  and 
no  ballots  shall  be  issued  until  the  same  has  been  determined. 
The  ballot  judge  shall  also  have  charge  of  the  door,  and  see 
that  voters  retire  promptly  to  the  booths,  and  that  the  gate- 
keeper performs  his  duty.  The  ballot  clerks  shall  not  act  dur- 
ing the  election,  but  be  present  at  the  hour  of  closing  the  polls, 
and  assist  in  counting  the  ballots  and  making  the  returns,  as 
provided  by  law. 

Sec.  306.  Same — Number  slips  and  receipts  for  ballots — 
When  so  directed  by  the  regular  election  board,  the  ballot 
judge  shall  deliver  to  the  elector  with  his  ballots  a  card  or 
paper  containing  the  first  letter  of  such  voter's  surname,  and 
his  number  on  the  register,  which  he  shall  hand  with  his  bal- 
lots to  the  judge  in  charge  of  the  ballot  boxes,  who,  in  addition 
to  his  other  announcements,  shall  state  such  number,  as  an  aid 
to  the  other  judges  in  finding  his  name  on  their  register;  and 
the  judge  in  charge  of  the-  ballot  boxes,  after  an  elector  has 
voted,  may  give  him  a  statement  to  be  delivered  to  the  ballot 
judge,  showing  that  his  ballots  have  been  properly  used. 


OF  MINNESOTA  FOR  1905.  61 

Sec.  307.  Statement  of  vote  cast — After  the  polls  have  been 
closed,  the  ballot  judge  shall  attach  to  the  register,  at  the  end 
thereof,  a  statement  in  substance  as  follows:  "The  whole  num- 
ber of  the  above-named  persons  who  were  present  and  received 

ballots  for  the  purpose  of  voting  was The  number 

of  persons  returning  spoiled  ballots  and  receiving  others  was 

,  the  spoiled  ballots  being:  White  ballots, ; 

pink  ballots,  ;  blue  ballots,  ;  red  ballots, 

;  total,  ."  The  blanks  shall  be  filled  by 

both  words  and  figures.  Such  statement  shall  be  certified  by 
the  ballot  judge  and  attested  by  the  ballot  clerks. 

Sec.  308.  Ballots,  by  whom  canvassed  and  counted — The 
ballot  judge  and  one  of  the  regular  judges,  not  of  the  same 
political  party,  and  the  ballot  clerks,  shall  canvass  and  count 
the  white  and  pink  ballots  and  make  out  the  returns  therefor, 
and  the  other  judges  and  clerks  the  blue  ballots.  When  there 
is  a  red  box,  unless  special  judges  and  clerks  have  been  ap- 
pointed for  that  purpose,  the  ballots  therein  shall  be  canvassed 
and  counted,  and  the  returns  made  out  by  the  canvassers  first 
completing  their  other  work;  or  the  canvassers  may  relieve 
one  another,  as  they  see  fit.  But  in  every  case  the  memoranda 
provided  for  in  this  chapter  shall  be  kept,  the  canvassing  and 
counting  done,  and  the  returns  made,  the  same  as  where  no 
ballot  judge  or  clerks  are  appointed;  and  all  the  judges  and 
clerks  shall  sign  the  returns.  Each  political  party  shall  be 
entitled  to  one  watcher  for  each  set  of  canvassers. 

Sec.  309.  Special  judges  and  clerks — Appointment — Duties 
— In  every  city  in  which  the  charter  election  shall  be  held  on 
the  same  day  as  the  general  election,  at  least  thirty  days  prior 
thereto,  in  addition  to  the  other  officers  provided  for  in  this 
chapter,  there  shall  be  two  special  judges  and  two  special  clerks 
who  shall  be  appointed  in  the  same  manner  as  regular  judges 
and  clerks  are  appointed,  and  subject  to  the  same  provisions 
as  to  filling  vacancies.  Such  judges  and  clerks  shall  not  act 
during  the  election,  but  be  present  at  the  hour  for  closing  the 
polls,  and  canvass  and  count  the  red  ballots  only. 

Sec.  310.  Special  and  ballot  judges  and  clerks — Qualifica- 
tions— Pay — Ballot  judges  and  clerks  and  special  judges  and 
clerks  shall  have  the  same  qualifications  and  receive  the  same 
compensation  for  like  services  as  regular  judges  and  clerks, 


62  THE  ELECTION  LAWS 

and  be  subject  to  like  penalties.  They  shall  deliver  all  returns 
made  by  them,  and  all  election  supplies,  to  the  regular  election 
board,  and  such  board  shall  thenceforth  proceed  in  all  things 
as  though  no  additional  judges  or  clerks  had  been  appointed. 
No  such  additional  judges  or  clerks  shall  be  employed  at  any 
except  a  general  election. 

Sec.  311.  Sealing  boxes— As  soon  as  practicable  after  the 
canvass  has  been  completed,  and  in  the  presence  of  all  the 
judges,  each  box  shall  be  locked,  and  sealed  by  pasting  firm 
paper  across  the  lid  and  body  thereof  in  such  manner  that  it 
cannot  be  opened  without  breaking  the  seal;  and  each  judge 
shall  write  his  name  upon  said  paper  in  such  place  as  to  prevent 
the  box  being  opened  without  tearing  the  name.  Such  seal- 
ing shall  be  done  before  the  board  separates  or  adjourns,  but 
not  until,  by  a  canvass  of  the  ballots  in  all  the  boxes,  it  has  been 
ascertained  that  all  the  ballots  to  be  sealed  in  a  box  have  been 
placed  therein. 

Sec.  312.  Seals  to  remain  unbroken — Additional  seals — As 
soon  as  practicable  after  each  ballot  box  has  been  sealed,  it 
shall  be  deposited  with  the  clerk  of  the  municipality  or  town, 
and  there  remain  with  unbroken  seals  until  the  next  general 
election,  unless  previously  opened  by  proper  authority  for  ex- 
amination or  recount.  When  a  committee  of  any  political 
party  represented  on  the  ballot  to  be  voted  at  any  general  elec- 
tion shall  apply,  on  or  before  the  day  of  election,  to  the  legal 
custodian  of  the  ballot  boxes  for  permission  to  affix  additional 
seals  and  securities  thereto,  he  shall  fix  a  time,  not  later  than 
two  days  after  election,  when  it  may  be  done,  and  shall  forth- 
with notify  the  applicant  and  all  candidates  on  such  ballot,  or 
their  representatives,  of  such  application,  and  of  the  time  when, 
at  his  office  and  in  his  presence,  such  additional  seals  and  secur- 
ities are  to  be  affixed.  Representatives  of  any  other  political 
party,  then  present,  on  request,  shall  be  allowed  a  like  priv- 
ilege, but  the  seals  affixed  by  the  board  shall  not  be  defaced 
or  injured  thereby. 

Sec.  313.  Poll  lists  and  registers,  how  disposed  of — When 
the  canvass  has  been  completed,  one  poll  list  and  one  register, 
kept  and  checked  as  in  this  chapter  provided,  shall  be  attached 
together  by  the  judges  and  forthwith  filed  with  the  clerk  of 
the  municipality,  together  with  the  ballot  register,  if  any;  and 


OF  MINNESOTA  FOR  1905.  63 

the  other  poll  lists,  registers,  and  poll  books  so  kept  and 
checked  shall  be  by  said  judges  forthwith  returned  to  the 
county  auditor  with  the  election  returns.  Such  polls  lists  and 
registers  shall  be  open  at  all  times  to  public  inspection  without 
charge. 

Sec.  314.  Form  of  returns — In  making  out  the  returns,  the 
clerks  shall  set  down  the  total  number  of  names,  entered  upon 
the  registers,  male  and  female  separately,  in  columns  prepared 
therefor,  the  total  number  of  ballots  actually  cast  and  counted, 
the  name  of  each  person  voted  for,  the  number  of  votes  re- 
ceived by  him,  and  the  office,  all  numbers  being  written  in  both 
words  and  figures.  Such  returns  shall  be  in  substantially  the 

following  form,  viz. :  "At  an  election  held  at 

in  the election  district,  composed  of 

in  the  county  of ,  State  of  Minnesota,  on  the 

day  of ,  19 ,  the  following 

named  persons  received  the  number  of  votes  opposite  their  re- 
spective names  for  the  following  office,  to-wit:  For  (office), 

A.  received votes;"  and  the  same  in  case  of  every 

person  voted  for.  Such  returns  shall  be  made  in  duplicate, 
each  signed  by  the  judges  and  attested  by  the  clerks  of  elec- 
tion. 

Sec.  315.  Returns  to  be  sealed  and  delivered — Before  sep- 
arating, the  judges  shall  include  one  set  of  such  returns  in  each 
of  two  envelopes,  one  of  which  envelopes  shall  then  be  sewed 
by  drawing  twice  through  it  and  the  return  therein  a  substan- 
tial twine,  tying  the  ends  thereof  together  and  then  sealing 
said  envelope  in  three  places  with  wax  and  stamp  furnished  by 
the  county  auditor,  one  of  which  places  shall  be  over  the  knot 
in  said  twine,  then  indorse  each  envelope  in  the  following  form : 

"Election  returns  of  the  election  district  of in 

the  county  of ,"  and  direct  one  of  such  en- 
velopes to  the  auditor  and  the  other  to  the  proper  town,  village, 
or  city  clerk.  In  towns,  villages,  and  cities  of  the  fourth  class, 
one  set  of  such  returns,  together  with  all  unused  and  spoiled 
white,  pink,  and  blue  ballots,  shall  be  delivered  to  the  auditor 
at  his  office,  by  a  judge  chosen  by  lot  or  agreement,  and  the 
other,  in  like  manner,  to  the  clerk  of  the  municipality.  The 
judges  also  shall  make  a  summary  statement  of  the  total  votes 
cast  for  each  person  for  any  office,  and  for  and  against  each 


64  THE  ELECTION  LAWS 

proposition  voted  upon,  and  cause  the  same  to  be  filed  with  the 
auditor  with  such  returns,  where  it  shall  remain  open  to  public 
inspection. 

Sec.  316.  Delivery  of  returns  and  unused  ballots — In  towns, 
villages,  and  cities  of  the  fourth  class,  the  judges  in  all  districts 
within  fifty  miles  of  the  county  seat  shall  file  their  election  re- 
turns within  twenty-four  hours  after  the  polls  close,  and,  when 
the  distance  is  more  than  fifty  miles,  within  seventy-two  hours. 
In  cities  of  the  first,  second,  and  third  classes,  immediately 
after  the  canvass  has  been  completed  and  the  returns  prepared, 
the  judges  and  clerks,  before  separating  and  without  stopping 
at  any  place  or  leaving  any  of  their  ballot  boxes,  returns,  or 
ballots  at  any  place  or  with  any  person,  shall  deliver  to  the  city 
clerk,  at  his  office,  one  set  of  such  returns,  the  ballot  boxes,  all 
unused  and  spoiled  red  ballots,  and  all  other  things  in  this 
chapter  required  to  be  delivered  by  them  to  such  clerk;  and 
the  clerk  shall  remain  in  his  office  to  receive  the  same  until  all 
have  been  delivered.  The  clerk  shall  keep  a  book  in  which, 
in  their  presence,  he  shall  enter  the  names  of  the  judges  and 
clerks,  and  the  hour  at  which  such  delivery  was  made,  which 
book  shall  be  preserved  in  his  office  for  the  same  period  as  the 
ballots.  The  judges  in  each  district  shall  forthwith  choose 
one  of  their  number,  by  lot  or  agreement,  to  deliver  the  other 
copy  of  such  returns,  and  the  unused  and  spoiled  white,  pink, 
and  blue  ballots,  to  the  auditor.  The  judges  so  chosen  shall 
deliver  such  returns,  ballots,  and  all  other  things  in  this  chapter 
required  to  be  so  delivered,  to  such  auditor,  at  his  office,  within 
twenty-four  hours  after  delivery  of  the  ballot  boxes  and  returns 
to  the  city  clerk. 

Sec.  317.  Failure  to  deliver  return — Special  messenger — 
Whenever  the  judges  of  election  fail  to  make  return  as  pro- 
vided in  this  chapter,  the  auditor -or  clerk  to  whom  such  re- 
turns should  have  been  made  shall  dispatch  a  special  messenger 
to  obtain  them,  who  shall  be  entitled  to  the  same  compensation 
as  a  judge  of  election  for  like  services,  and  be  subject  to  the 
same  penalties. 

Sec.  318.  Informalities — No  officer  to  whom  election  re- 
turns are  required  to  be  made  shall  refuse  to  receive  them 
because  they  are  returned  or  delivered  to  him  in  any  other 
manner  than  that  prescribed  in  this  chapter,  except  that  they 


OF  MINNESOTA  FOR  1905.  65 

must  be  sealed.  No  canvassing-  board  shall  refuse  to  include 
any  returns  in  its  canvass  of  votes  on  account  of  any  informality 
in  holding  the  election  or  making  returns  thereof,  but  all  re- 
turns shall  be  received  and  the  votes  canvassed 'by  such  board 
and  included  in  its  statements  where  there  is  a  substantial  com- 
pliance with  the  provisions  of  this  chapter. 

Sec.  319.  County  canvassing  board — The  auditor,  the  chair- 
man of  the  county  board,  and  twro  justices  of  the  peace  selected 
by  the  auditor,  from  opposing  political  parties  when  possible, 
shall  constitute  the  county  canvassing  board,  any  three  of 
whom  being  present  and  sworn  shall  have  power  to  act.  Said 
board,  within  ten  days  after  the  election,  shall  meet  at  the 
auditor's  office  and  there  publicly  canvass  the  returns  made 
to  said  auditor.  Said  canvass  shall  be  completed  without  un- 
necessary delay,  and  thereupon  said  board  shall  make,  certify, 
and  file  with  the  auditor  statements  as  follows: 

1.  Of  the  whole  number  of  votes  cast  in  such  county  for 
the  several  state  officers,  including  presidential  electors,  mem- 
bers of  the  legislature,   and  judges  of  the  district  court,   the 
names  of  the  persons  for  whom  such  votes  were  cast,  and  the 
number  cast  for  each.     Also,  upon  the  same  return,  the  total 
number  of  registered  names,   male  and  female   separately,  in 
each    election   district,   and   the   total    number   of   ballots   cast 
therein. 

2.  Of  the  names  of  all  persons  receiving  votes  for  any  coun- 
ty office,  and  the  number  of  votes  received  by  each. 

3.  Of  the  names  of  all  candidates  for  the  office  of  repre- 
sentative in  Congress,   and  the  number  of  votes  received  by 
each. 

4.  Of  the  number  of  votes  cast  for  and  against  any  proposed 
change  of  county  lines  or  county  seat. 

5.  Of  the  number  of  votes  cast  for  and  against  any  pro- 
posed amendment  to  the  constitution,  or  other  proposal  sub- 
mitted to  popular  vote. 

Sec.  320.  Returns  to  secretary  of  state — Two  copies  of  each 
of  such  statements  shall  be  made  and  certified  under  the  official 
seal  of  the  auditor,  each  inclosed  in  an  envelope  directed  to  the 
secretary  of  state,  with  the  auditor's  name  and  official  address 
and  the  words  "Election  Returns"  indorsed  thereon,  and  for- 
warded by  different  mails  within  five  days  of  each  other.  If 


66  THE  ELECTION  LAWS 

neither  copy  be  received  by  the  secretary  within  twenty  days 
after  the  election,  he  shall  immediately  notify  the  auditor  of 
that  fact,  who  shall  transmit  another  copy  thereof  to  said  secre- 
tary by  special  messenger  deputed  by  him. 

Sec.  321.  County  canvassing  board  to  declare  persons  elect- 
ed— The  board,  having  completed  its  canvass,  shall  declare 
the  person  receiving  the  highest  number  of  votes  for  each 
county  office  duly  elected  thereto.  When  such  county  consti- 
tutes or  contains  a  senatorial  or  representative  district,  it  shall 
declare  the  persons  receiving  the  highest  number  of  votes,  re- 
spectively, for  senator  or  representative,  duly  elected. 

Sec.  322.  Certificates  of  election  and  copies  of  returns — 
The  auditor  of  each  county  shall  make,  for  every  officer  and 
member  of  the  legislature  elected  therein  a  certificate  of  such 
election,  and  deliver  the  same  to  the  person  entitled  thereto, 
without  fee,  upon  demand.  He  shall  also  make,  for  any  can- 
didate or  voter  of  his  county,  a  certified  copy  of  any  statement 
of  votes  made  by  the  county  canvassing  board,  on  payment  or 
tender  of  one  dollar  therefor. 

Sec.  323.  Legislative  vote — More  than  one  county — In  leg- 
islative districts  whose  senators  or  representatives  are  voted 
for  in  more  than  one  county,  the  auditor  of  each  county  shall 
make,  under  his  official  hand  and  seal,  and  from  the  returns 
in  his  office  as  determined  by  the  county  canvassing  board,  a 
statement  of  the  votes  cast  for  the  several  candidates  for  sen- 
ator or  representative,  as  the  case  may  require.  Such  certifi- 
cates shall  be  filed  within  fifteen  days  after  the  election  with 
the  auditor  of  the  county  senior  in  age,  or,  if  none  be  senior, 
of  that  casting  the  largest  vote  at  the  preceding  general  elec- 
tion. 

Sec.  324.  Same — Canvass  of  votes,  etc. — The  auditor  with 
whom  said  certificates  are  filed,  two  justices  of  the  peace  select- 
ed by  him,  the  chairman  of  the  county  board  of  his  county, 
and  such  auditors  of  the  other  counties  forming  parts  of  such 
district  as  may  choose  to  attend,  shall  constitute  the  legislative 
canvassing  board.  Such  board  shall  meet  on  the  twentieth  day 
after  the  election  at  the  office  where  said  certificates  are  filed, 
and  there  open  and  canvass  the  auditors'  returns  and  declare 
the  results  of  the  vote.  Said  auditor  shall  thereupon  make 


OF  MINNESOTA  FOR  1905.  67 

and  deliver  certificates  of  election  to  the  persons  having  the 
highest  number  of  votes  for  senator  and  representatives,  re- 
spectively. 

Sec.  325.  Same — Correction  of  errors — Whenever  it  shall 
appear  to  such  board  that  any  of  the  returns  so  canvassed  by 
them  are  erroneous  in  any  respect,  one  of  its  number  shall  be 
deputed  to  take  the  same  to  the  officer  or  board  responsible  for 
such  error,  and  secure  its  correction.  If  necessary  therefor, 
any  county  canvassing  board  shall  reassemble  forthwith  and 
such  correction  be  made :  Provided,  that  it  shall  not  change 
any  decision  previously  made,  but  shall  only  cause  its  canvass 
to  be  correctly  stated.  The  legislative  board  may  adjourn  in 
such  cases  from  day  to  day,  not  exceeding  ten  days  in  all. 

Sec.  326.  State  canvassing  board — The  secretary  of  the  state 
shall  call  to  his  assistance  two  or  more  judges  of  the  supreme 
court  and  two  disinterested  judges  of  -the  district  court,  and 
they  shall  constitute  the  state  canvassing  board.  He  shall 
appoint  a  meeting  of  such  board  to  be  held  in  his  office  on  the 
fourth  Tuesday  of  November  after  each  general  election,  and 
within  thirty  days  after  a  special  election.  When  a  vacancy 
in  the  membership  of  said  board  occurs  by  reason  of  inability 
or  failure  of  any  such  judge  to  attend  on  the  day  appointed, 
he  shall  fill  the  vacancy  by  selecting  another  disinterested  judge 
from  either  court :  Provided,  that  not  more  than  two  judges 
of  the  supreme  court  shall  be  obliged  to  serve  upon  such  board 
at  one  time.  (c.  76,  G.  L.  1909) 

Sec.  327.  Statement  of  votes — Declaring  result — Such  board 
shall  open  and  canvass  the  certified  copies  of  the  statements 
made  by  the  county  canvassing  boards,  prepare  therefrom  a 
statement  of  the  whole  number  of  votes  cast  at  such  election 
for  candidates  for  the  several  state  offices,  the  names  of  the 
persons. receiving  such  votes  and  the  number  received  by  each, 
specifying  the  several  counties  in  which  they  were  cast.  Such 
board  shall  subscribe  and  certify  to  the  correctness  of  such 
statement,  and  within  three  days  after  such  canvass  declare 
the  result. 

Sec.  328.  Canvass  of  votes  for  members  of  Congress  and 
presidential  electors — At  the  same  time  such  board  shall  open 
and  canvass  the  returns  made  to  the  secretary  of  state  for 
members  of  Congress  and  presidential  electors,  and  prepare  a 


68  THE  ELECTION  LAWS 

statement  of  the  number  of  votes  cast  for  the  several  persons 
receiving  votes  for  said  offices,  and  declare  the  person  or  per- 
sons receiving  the  highest  number  of  votes  for  each  office  duly 
elected.  But  when  it  appears  that  more  than  the  number  of 
persons  to  be  elected  as  presidential  electors  have  the  highest 
and  an  equal  number  of  votes,  the  secretary  of  state,  in  the  pres- 
ence of  said  board  shall  decide  by  lot  which  of  such  persons  shall 
be  declared  elected.  The  governor  shall  transmit  to  each  per- 
son so  declared  elected  a  certificate  of  election,  signed  by  him. 
sealed  with  the  state  seal,  and  countersigned  by  the  secretary 
of  state;  and  immediately  after  said  canvass  is  completed  he 
shall  cause  a  statement  of  their  election  to  be  published  in  one 
or  more  of  the  newspapers  printed  at  the  state  capital.  When- 
ever two  or  more  persons  in  any  congressional  district  receive 
the  same  and  the  highest  number  of  votes  for  representative 
in  Congress,  a  special  election  shall  be  called,  as  hereinafter 
provided,  for  the  election  of  a  representative  in  Congress  in 
such  district. 

Sec.  329.    Notice  of  presence  of  electors — Vacancies — Ties— 

Every  presidential  elector,  before  12  o'clock  m.  on  the  day 
next  preceding  that  fixed  by  Congress  for  such  electors  to 
vote  for  President  and  Vice-President  of  the  United  States, 
shall  notify  the  governor  that  he  is  at  the  state  capitol,  and 
ready  at  the  proper  time  to  fulfil  his  duties  as  such  elector. 
The  governor  shall  thereupon  deliver  to  the  electors  present 
a  certificate  of  the  names  of  all  the  electors,  and  if  any  elector 
named  therein  .fails  to  appear  before  9  o'clock  a.  m.  on  the 
day,  and  at  the  place,  fixed  for  voting  for  President  and  Vice- 
President  of  the  United  States,  the  electors  then  present  shall, 
in  the  presence  of  the  governor,  immediately  elect  by  ballot  a 
person  to  fill  such  vacancy.  If  more  than  the  number  of  per- 
sons so  required  have  the  highest  and  an  equal  number  of 
votes,  the  governor,  in  the  presence  of  the  electors  attending, 
shall  decide  by  lot  which  of  said  persons  shall  be  elected. 

Sec.  330.  Same — Notice,  etc. — Immediately  after  such  va- 
cancies have  been  filled,  the  electors  present  originally  chosen 
shall  certify  to  the  governor  the  names  of  the  persons  so  elect- 
ed to  complete  their  number,  and  the  governor  shall  at  once 


OF  MINNESOTA  FOR  1905.  69 

cause  written  notice  to  be  given  to  each  person  so  elected  to 
fill  a  vacancy;  and  the  persons  so  chosen  shall  be  presidential 
electors,  and  meet  and  act  with  the  other  electors. 

Sec.  331.  Meeting  and  action  of  electors — Such  original  and 
substituted  presidential  electors,  at  12  o'clock  m.,  shall  meet 
in  the  executive  chamber,  at  the  state  capitol,  and  then  and 
there  perform  all  and  singular  the  duties  imposed  upon  them 
as  such  electors  by  the  constitution  and  laws  of  the  United 
States  and  this  state. 

Sec.  332.     Election    contest    for    legislature — Notice — Any 

voter  of  a  senatorial  or  representative  district  may  contest  the 
validity  of  the  election  of  any  person  declared  elected  to  the 
senate  or  house  of  representatives  for  such  district,  or  his  right 
to  a  seat  therein,  by  causing  to  be  served  upon  the  contestee, 
within  fifteen  days  after  the  completion  of  the  final  canvass, 
a  written  notice,  specifying  the  points  on  which  the  contest  will 
be  made,  and  naming  two  justices  of  the  peace  of  such  legis- 
lative district  before  whom  depositions  relative  thereto  will  be 
taken,  and  the  time  and  place  thereof,  which  time  shall  not  be 
later  than  forty  days  after  the  election.  Such  notice  shall  be 
served  in  the  same  manner  as  a  summons  in  a  civil  action,  at 
least  ten  days  before  the  time  named  therein  for  taking  such 
depositions. 

Sec.  333.  Additional  points — Notice  by  contestee — Within 
ten  days  after  the  service  of  such  notice,  the  contestee,  if  he 
desires  to  offer  testimony  upon  points  not  specified  therein, 
may  serve  a  like  notice  upon  the  contestant,  specifying  such 
additional  points;  naming  two  justices  of  the  peace  of  the  dis- 
trict to  take  the  testimony,  and  fixing  a  time  and  place  there- 
for. Such  time  shall  be  not  less  than  ten  days  after  the  service, 
nor  more  than  ten  days  after  the  date  fixed  in  the  contestant's 
notice. 

Sec.  334.  Testimony — How  taken  and  certified — Said  jus- 
tices, or  either  of  them,  shall  issue  subpoenas  to  all  witnesses 
whose  attendance  is  required  by  either  party.  They  shall  ad- 
minister the  oath  to  all  witnesses  produced,  and  reduce  their 
testimony  to  writing,  but  shall  receive  no  testimony  which 
does  not  relate  to  some  point  specified  in  the  notice  in  which 
they  are  named.  Such  notice,  with  proof  of  the  service  thereof. 


70  THE  ELECTION  LAWS 

shall  be  attached  to  the  evidence  taken,  which  shall  be  duly 
certified  and  transmitted  to  the  presiding  officer  of  the  house 
by  which  the  contest  is  to  be  tried. 

Sec.  335.  Conduct  of  contest  in  legislature — Rules — In  hear- 
ing the  contest,  the  house  shall  proceed  as  follows : 

1.  At  the  time  appointed,  the  parties  shall  be  called,  and,  if 
they  appear,  their  appearance  shall  be  recorded. 

2.  If  the  presiding  officer  be  a  party,  a  speaker  pro  tem. 
shall  be  elected  to  preside. 

3.  The  contestant's  evidence  shall  be  submitted  first,  fol- 
lowed by  that  of  the  contestee,  and  the  contestant  shall  open 
the  argument,  and  close  the  same  after  the  contestee  has  been 
heard. 

4.  The  vote  upon  the  contest  shall  be  viva  voce,  any  mem- 
ber may  offer  reasons  for  the  vote  he  intends  to  give,  and  a 
majority  of  the  votes  given  shall  decide ;  but  no  party  to  the 
contest  shall  vote  upon  any  question  relative  thereto. 

5.  The  clerk  or  secretary  shall  enter  the  proceedings  in  the 
journal. 

Sec.  336.  Contesting  state  and  municipal  elections — Notices 
— Trial — Any  voter  may  contest  the  election  of  any  person 
for  or  against  whom  he  had  the  right  to  vote,  who  is  declared 
elected  to  a  state,  county,  or  municipal  office,  or  the  declared 
result  upon  a  constitutional  amendment  or  other  question  sub- 
mitted to  popular  vote,  by  proceeding  as  follows :  He  shall 
file  with  the  clerk  of  the  district  court  of  the  county  of  his 
residence,  within  ten  days  after  the  canvass  is  completed,  a 
notice  of  appeal  to  such  court,  specifying  the  points  upon 
which  the  contest  will  be  made,  and  cause  a  copy  thereof  to 
be  served  upon  the  contestee  when  the  contest  relates  to  the 
election  of  an  officer,  upon  the  secretary  of  state  when  it  is  a 
matter  submitted  to  popular  vote  which  affects  the  entire  state, 
or  any  subdivision  thereof  larger  than  a  county,  upon  the  au- 
ditor when  it  affects  a  single  county,  and  in  all  other  cases  upon 
the  municipality  affected.  In  case  of  a  contest  as  to  a  state 
office,  the  notice  may  be  filed  in  any  district  court  of  the  state, 
but  the  place  of  trial  may  be  changed  as  in  civil  actions.  When 
the  contestee  desires  to  offer  testimony  on  points  not  specified 
in  contestant's  notice,  he  shall  file  and  serve  on  the  contestant 


OF  MINNESOTA  FOR  1905.  71 

notice  thereof,  within  ten  days  after  notice  of  the  appeal,  speci- 
fying such  additional  points.  Such  notices  shall  be  treated  as 
the  pleadings  in  the  case,  and  may  be  amended  in  the  discre- 
tion of  the  court.  They  shall  be  served  in  the  same  manner  as 
a  summons  in  a  civil  action,  and  the  testimony  shall  be  taken, 
and  the  matter  tried  and  determined,  in  the  same  manner  as 
such  actions  are  tried  by  the  court,  at  a  general  or  special 
term,  if  any,  occurring  within  thirty  clays  after  such  canvass. 
When  no  term  is  already  fixed,  the  judge  shall  seasonably 
appoint  a  special  term  to  be  held  within  such  time.  ('01  c.  365) 

Sec.  337.  Inspection  of  ballots — How  obtained — After  a  con- 
test has  been  instituted,  either  party  may  have  the  ballots  in- 
spected before  preparing  for  trial.  The  party  applying  for 
such  inspection  shall  file  with  the  clerk  a  verified  petition,  stat- 
ing that  he  cannot  properly  prepare  his  case  for  trial  without 
an  inspection  of  such  ballots,  and  thereupon  the  judge  of  said 
court  shall  appoint  three  persons,  if  for  a  county  or  municipal 
office,  one  selected  by  each  of  the  parties  and  a  third  by  those 
two,  by  whom  such  inspection  shall  be  made.  If  the  contest 
relates  to  a  state  office,  or  to  the  declared  result  upon  a  con- 
stitutional amendment  or  other  question  submitted  to  popular 
vote  throughout  the  state,  a  judge  of  said  court  shall  appoint 
three  persons  in  each  county,  one  selected  by  each  of  the  par- 
ties in  each  county  and  a  third  by  those  two  by  whom  such 
inspection  shall  be  made.  It  shall  be  conducted  in  the  presence 
of  the  legal  custodian  of  the  ballots,  and  the  party  applying 
therefor  shall  file  with  the  clerk  a  bond  in  the  sum  of  $250, 
with  two  sureties  approved  by  the  judge  of  such  court.  If 
the  contest  relates  to  a  state  office  or  to  the  declared  result 
upon  a  constitutional  amendment  or  other  question  submitted 
to  popular  vote  throughout  the  state,  the  bond  shall  be  for 
such  sum  as  the  court  shall  designate,  conditioned,  that  he 
will  pay  the  costs  and  expenses  of  such  inspection  in  case  he 
fails  to  maintain  his  contest.  .  In  case  either  party  neglects 
or  refuses  to  name  an  inspector,  he  shall  be  selected  by  the 
judge. 

Sec.  338.  Appeal  to  supreme  court — Method  of  procedure — 
When  an  appeal  is  taken  to  the  supreme  court  from  the  de- 
termination of  the  district  court  in  any  contest,  the  party 
appealing  shall  file  in  the  district  court  a  bond  in  such  sum,  not 


72  THE  ELECTION  LAWS 

less  than  five  hundred  dollars,  and  with  such  sureties,  as  shall 
be  approved  by  the  judge,  conditioned  for  the  payment  of  all 
costs  incurred  by  the  respondent  in  case  appellant  fails  on  his 
appeal.  The  return  on  such  appeal  shall  be  made,  certified, 
and  filed  in  the  supreme  court  within  fifteen  days  after  service 
of  notice  of  appeal.  The  appeal  may  be  brought  on  for  hear- 
ing in  said  court  at  any  time  when  it  is  in  session,  upon  ten 
clays'  notice  from  either  party,  which  may  be  served  during 
term  time  or  in  vacation ;  and  it  may  be  heard  and  determined 
summarily  by  said  court. 

Sec.  339.  Contesting  vote  on  county  seat  removal,  etc. — 
When  a  vote  is  taken  in  any  county  on  the  removal  of  the 
county  seat,  changing  county  lines,  or  on  any  other  question 
submitted  to  popular  vote,  any  voter  therein  may  contest  the 
declared  result  thereof.  Within  thirty  days  after  such  result 
is  declared  or  proclaimed,  he  shall  cause  to  be  served  on  the 
county  board  of  the  county  in  which  said  vote  was  taken,  or 
on  a  member  thereof,  a  notice  specifying  the  points  on  which 
said  election  will  be  contested;  and  within  ten  days  after  such 
service  he  shall  file  with  the  clerk  of  the  district  court  of  said 
county  a  copy  of  such  notice.  No  appeal  to  said  court  shall 
be  required.  Such  district  court,  at  its  first  general  or  special 
term  thereafter,  shall  hear  and  determine  such  contest  as  in 
the  case  of  civil  actions  triable  by  the  court.  Such  county 
board,  or  upon  its  failure  any  voter  of  the  county,  may  appear 
and  defend  in  such  contest. 

Sec.  340.  Defective  ballots — Whenever  in  any  contested 
election  the  tribunal  hearing  the  contest  shall  determine  that 
the  ballots  used  in  any  district,  by  reason  of  the  omission,  addi- 
tion, misplacing,  misspelling,  or  misstatement  of  one  or  more 
titles  of  offices,  names  of  candidates,  or  parties  or  policies  rep- 
resented by  them,  were  so  defective  as  to  the  office  in  contest 
as  to  be  calculated  to  mislead  the  voters  in  regard  to  any  of 
the  candidates  for  said  office,  and  that  the  defective  condition 
of  said  ballots  may  have  affected  the  result  of  the  entire  elec- 
tion for  such  office,  the  election  shall  be  declared  invalid  as  to 
said  office. 

Sec.  341.  Compensation  for  election  services — The  com- 
pensation for  services  performed  under  this  chapter  shall  be 
as  follows : 


OF  MINNESOTA  FOR  1905.  73 

1.  To  presidential  electors,  ten  dollars  for  each  day's  at- 
tendance at  the  capitol,  and  five  cents  for  each  mile  necessarily 
traveled  in  going  to  and  returning  from  St.  Paul. 

2.  To  members  of  the  state  canvassing  board,  three  dollars 
for  each  day's  attendance,  and  ten  cents  for  each  mile  of  neces- 
sary travel. 

3.  To  persons  carrying  ballots  from,  and  returns  to,  county 
auditors'  offices,  one  dollar  for  each  trip  necessarily  made,  and 
ten  cents  for  each  mile  of  necessary  travel. 

4.  To  auditors,  chairmen  of  county  boards,  justices  of  the 
peace,  and  others  acting  in  their  places,  three  dollars  for  each 
eight  hours  of  service  as  members  of  any  canvassing  board, 
and  ten  cents  for  each  mile  of  necessary  travel. 

5.  To  regular,  special,  and  ballot  judges  and  clerks  of  elec- 
tion, twenty-five  cents  for  each  hour  necessarily  spent  in  regis- 
tering voters  and  receiving  votes,   and  thirty  cents   for  each 
hour  so  spent  in  counting  and  canvassing  ballots. 

6.  To  special  peace  officers,  twenty  cents  for  each  hour  of 
service  rendered  by  direction  of  the  judges. 

Sec.  342.  Compensation  and  other  expenses,  how  paid — 
Tfre  compensation  prescribed  in  section  341,  subds.  I,  2,  the 
cost  of  printing  the  white  and  pink  ballots,  and  all  necessary 
expenses  incurred  by  the  secretary  of  state  in  connection  with 
elections,  shall  be  paid  by  the  state  out  of  any  moneys  not 
otherwise  appropriated.  That  prescribed  in  section  341,  subds. 
3,  4,  the  cost  of  printing  the  blue  ballots,  and  all  necessary  ex- 
penses incurred  by  the  auditors  in  connection  with  elections, 
shall  be  paid  by  the  respective  counties.  That  prescribed  in 
the  remaining  subdivisions  thereof,  the  cost  of  printing  the  red 
ballots,  of  providing  ballot  boxes  and  polling  places,  and  equip- 
ping the  same,  and  all  necessary  expenses  of  the  clerks  of 
municipal  corporations  on  account  of  elections,  shall  be  paid 
by  the  respective  towns,  villages,  or  cities  where  the  elections 
are  held.  All  disbursements  hereunder  shall  be  presented, 
audited,  and  paid  as  in  the  case  of  other  public  expenses. 

Sec.  343.  Application  to  towns  and  villages — Exceptions  as 
to  cities — The  foregoing  provisions  of  this  chapter  shall  not 
apply  to  elections  of  town  officers,  nor,  except  those  relating 
of  order  thereat,  to  village  elections.  And  nothing  herein  shall 


74  THE  ELECTION  LAWS 

affect  the  terms  of  city  officers,  or  the  times  of  holding  city 
elections,  as  prescribed  by  the  charters  of  the  several  cities. 

('95   c-   J39) 

Note — Chapter  180,  Laws  of  1909,  provides  that  sections  153- 
343,  Revised  Laws  of  1905,  are  not  applicable  to  candidates 
for  office  at  special  elections  in  cities  having  a  population  of 
more  than  10,000  and  less  than  20,000,  and  the  chapter  referred 
to  makes  provision  for  special  elections  in  cities  of  that  class. 

VOTING  MACHINES. 

Sec.  344.  Municipal  corporations  may  provide — The  gov- 
erning body  of  any  municipal  corporation,  at  any  regular  meet- 
ing thereof,  or  at  any  special  meeting  called  for  that  purpose, 
may  provide  for  the  use  of  automatic  voting  machines  in  any 
one  or  more  districts  thereof,  at  all  elections  to  be  held  therein; 
but,  in  an  election  of  school  officers  only,  the  use  of  such  ma- 
chines shall  not  be  made  compulsory.  No  such  machine  shall 
be  adopted  or  used  unless  it  be  so  constructed  and  operated  as 
to  insure  the  secrecy  of  each  vote,  and  to  automatically  regis- 
ter and  count  all  the  votes  given,  and  to  conceal  the  number 
of  votes  for  each  candidate  and  upon  each  proposition  from 
the  opening  of  the  polls  to  the  closing  thereof.  ('99  c.  315  s.  i) 

The  governing  body  of  any  city,  village  or  town  in  this  state 
may  provide  for  the  use  of  voting  machines  in  ^11  or  one  or 
more  election  districts  thereof  at  all  elections  to  be  held  there- 
in, including  primary  elections;  and  at  any  such  elections,  the 
vote  or  ballot  may  be  had  and  taken,  and  the  votes  cast  thereat 
registered  or  recorded  and  counted,  and  the  results  of  such 
election  or  elections  ascertained  by  the  use  of  voting  machines 
instead  of  in  the  mode  and  manner  now  established  by  law, 
provided,  howrever,  that  the  adoption,  examination,  purchase 
and  use  of  such  machines  and  their  use  at  such  elections,  shall 
be  subject  to  the  provisions  hereinafter  contained. 

Where  voting  machines  are  authorized  and  employed,  the 
arrangement  of  the  names  of  the  candidates  thereon  for  each 
office  shall  be  substantially  the  same  as  that  prescribed  by  law 
where  printed  ballots  are  used,  except  that  the  provisions  con- 
tained in  the  general  election  law  requiring  the  rotation  of  the 
names  of  candidates  where  more  than  one  is  to  be  elected  to 


OF  MINNESOTA  FOR  1905.  75 

the  same  office,  need  not  be  observed.  In  such  case  the  names 
of  the  candidates  of  the  various  political  parties  shall  be  ar- 
ranged on  the  ballot  form  alphabetically  according  to  sur- 
names. 

The  machine  adopted  or  employed  must  be  so  constructed 
as  to  insure  to  every  elector,  an  opportunity  to  vote  in  secret; 
to  permit  him  to  vote  once  and  only  once  for  all  the  candidates 
and  upon  all  the  propositions  for  whom  or  upon  which  he  is 
legally  entitled  to  vote ;  to  permit  him  to  vote  by  means  of 
some  device  connected  with  the  mechanism  of  the  machine, 
for  any  person  for  any  office  elective  by  the  voters  of  his  elec- 
tion district  at  such  election,  although  such  person  has  not  been 
regularly  nominated  for  such  office  by  any  political  party,  and 
his  name  does  not  appear  upon  the  ballot  form  on  or  in  such 
machine  as  a  candidate  for  such  office;  to  prevent  the  elector 
from  voting  for  more  than  one  person  for  the  same  office,  un- 
less he  is  lawfully  entitled  to  vote  for  more  than  one  person 
therefor,  and  in  that  event  to  limit  him  to  the  number  to  be 
elected  to  that  office;  to  prevent  him  at  a  primary  election, 
from  voting  for  the  nomination  of  candidates  of  more  than 
one  party,  or  for  any  person  whose  name  is  not  on  the  official 
ballot  at  such  election;  to  prevent  him  from  voting  for  any 
office  or  upon  any  proposed  amendment,  question  or  proposi- 
tion, for  whom  or  upon  which  he  is  not  lawfully  entitled  to 
vote ;  to  permit  him  to  change  or  retract  any  vote  he  has 
attempted  to  cast  for  any  candidate  for  any  office  or  upon 
any  proposition  up  to  the  time  his  vote  has  been  completed, 
and  his  vote  in  favor  of  such  person  or  proposition  has  been 
registered  thereon.  No  machine  which  does  not  comply  with 
these  requirements  shall  be  approved,  authorized  or  employed. 

There  is  hereby  created  a  body  to  be  known  as  "The  Minne- 
sota Voting  Machine  Commission,"  consisting  of  three  mem- 
bers, including  the  attorney  general,  who  shall  be  chairman. 

Within  thirty  days  after  the  passage  of  this  act,  there  shall 
be  appointed  as  members  of  said  commission,  two  competent 
and  responsible  persons,  who  shall  be  master  mechanics  or 
graduates  of  a  school  of  mechanical  engineering. 

The  governor  shall  appoint  one  of  said  members  and  the 
attorney  general  the  other. 


76  THE  ELECTION  LAWS 

None  of  the  members  of  said  commission  shall,  directly  or 
indirectly,  have  any  pecuniary  interest  in  any  voting  machine. 
The  said  appointees  shall  serve  for  a  term  of  four  years  from 
the  date  of  appointment  and  until  their  successors  are  in  like 
manner  appointed.  The  appointing  power  may  fill  vacancies 
in  said  commission.  The  said  members  of  said  commission 
so  appointed  shall  qualify  without  delay  by  taking  and  filing 
with  the  secretary  of  state  an  oath  of  office  in  writing  in  the 
usual  form,  and  shall  elect  one  of  their  members  to  be  secretary 
and  one  to  be  treasurer. 

Any  person,  company  or  corporation,  owning  or  being  inter- 
ested in  any  voting  machine  may  apply  to  said  commission  to 
examine  such  machine  and  to  report  as  to  its.  compliance  with 
the  requirements  of  the  law  and  on  its  accuracy,  durability, 
efficiency  and  capacity  to  register  the  will  of  electors.  The 
commission  shall  thereupon  examine  the  machine  so  submit- 
ted, and  make  and  file  its  report  thereon.  Said  examination 
shall  not  be  required  as  to  each  individual  machine,  but  only 
as  to  each  particular  kind  or  type  of  machine,  before  its  adop- 
tion, use,  or  purchase  as  provided  herein. 

The  report  of  said  commission  shall  be  signed  by  the  attor- 
ney general  and  at  least  one  other  member,  and  shall  be  filed 
with  the  secretary  of  state  within  ten  days  after  the  close  of 
said  examination. 

If,  from  said  report,  it  shall  appear  that,  in  the  opinion  of  the 
commission,  the  kind  of  machine  so  examined  complies  with 
the  requirements  of  this  act  and  can  be  used  safely  at  elections 
in  this  state,  under  the  conditions  prescribed  by  this  act  and 
by  the  laws  of  the  state  where  the  same  do  not  conflict  here- 
with, then  said  machine  shall  be  deemed  approved  by  said 
commission,  and  machines  of  its  kind  may  be  adopted  and  pur- 
chased for  use,  and  may  be  used  at  elections  in  this  state  as 
herein  provided.  No  form  of  voting  machine  not  so  approved 
may  be  used  at  any  election  in  this  state. 

As  the  examination  fee  herein,  said  application  shall  be 
accompanied  by  the  sum  of  one  hundred  and  fifty  dollars. 
After  there  has  been  deducted  and  paid  out  of  said  sum  all 
expenses  incurred  by  said  commission  in  the  discharge  of  its 
duties  herein  the  balance  shall,  at  such  time  as  the  commis- 


OF  MINNESOTA  FOR  1905.  77 

sion  may  decide,  be  paid  in  equal  parts  to  the  members  of  said 
commission  other  than  the  attorney  general  as  full  compensa- 
tion for  their  services  and  expenses  herein. 

Whenever  the  governing  body  of  any  city,  village  or  town 
shall  determine  to  use  such  machines,  it  shall  by  resolution  or 
ordinance  prescribe  suitable  rules  and  instructions  not  incon- 
sistent with  the  provisions  of  this  act  for  using  the  same,  sub- 
mit the  same  to  the  attorney  general  for  his  approval,  and 
when  approved  by  him,  cause  notices  thereof  to  be  given,  as 
in  the  case  of  election  notices. 

The  governing  body  of  each  city,  village  and  town  in  this 
state  is  hereby  authorized  to  purchase  for  the  use  of  each  elec- 
tion district,  in  which  it  has  authorized  the  use  of  voting  ma- 
chines, one  or  more  such  machines  in  complete  working  order, 
and  to  make  suitable  provision  for  the  adjustment,  custody  and 
care  thereof. 

No  more  than  three  judges  of  election  and  no  more  than  two 
clerks  of  election  shall  be  employed  to  officiate  in  any  district 
wherein  voting  machines  are  used.  The  judges  shall  enforce 
the  rules  prescribed  for  the  use  of  such  machines,  and  carry 
out  all  the  provisions  of  the  election  laws  of  this  state  relating 
to  elections,  except  such  as  are  rendered  inapplicable  by  the 
use  of  such  machines.  The  election  districts  in  which  voting 
machines  are  to  be  used  may  be  enlarged  or  reformed  in  the 
manner  prescribed  in  the  general  election  law,  so  that  each 
district  shall,  when  so  first  formed,  contain  not  to  exceed  six 
hundred  male  electors,  as  shown  by  the  registration  books  used 
at  the  then  next  preceding  general  election. 

Payment  for  such  machines  may  be  provided  for  in  such 
manner  as  is  deemed  for  the  best  interests  of  the  political  divi- 
sion adopting  and  purchasing  them,  and  each  city,  village  and 
town  is  hereby  authorized  for  said  purpose,  to  appropriate 
money  from  the  general  fund,  to  levy  a  tax  in  the  same  man- 
ner as  other  taxes  are  levied,  or  to  issue  and  sell  bonds  or 
other  certificates  of  indebtedness,  which  shall  be  a  charge  upon 
such  city,  village  or  town  so  adopting  and  purchasing  such 
voting  machines,  and  to  provide  for  the  payment  and  redemp- 
tion thereof,  at  maturity.  Such  bonds  or  other  certificates  of 
indebtedness  when  issued  by  a  city  having  a  population  of  more 
than  fifty  thousand  inhabitants  according  to  the  last  preceding 


78  THE  ELECTION  LAWS 

state  or  national  census,  may  be  issued  by  a  majority  vote  of 
its  governing  body,  and  when  issued  by  a  city  of  any  other 
class  or  by  a  village  or  town,  by  vote  of  its  governing  body 
duly  ratified  by  the  electors  of  such  city,  village  or  town  at  the 
next  election  held  therein. 

The  bonds  or  certificates  of  indebtedness  so  issued  may  bear 
interest  at  a  rate  not  exceeding  six  per  cent  per  annum  and 
may  be  made  payable  at  such  time  not  exceeding  twenty  years 
from  the  date  thereof,  as  may  be  determined  by  the  resolution 
or  ordinance  authorizing  the  issuance  thereof,  and  may  be 
issued  exclusive  of  and  in  addition  to  any  limit  of  indebted- 
ness fixed  by  the  charter  of  such  city  or  village,  or  by  the 
laws  of  this  state  for  such  city,  village  or  town,  but  such  bonds 
or  certificates  shall  not  be  issued  or  sold  at  less  than  par  and 
accrued  interest  thereon. 

All  laws  and  parts  of  laws  now  in  force  in  this  state  relat- 
ing to  state,  county,  city,  village  and  town  elections,  and  defin- 
ing the  powers  and  duties  of  election  officers  so  far  as  applicable 
to  the  use  of  voting  machines,  shall  remain  in  full  force  and 
effect,  and  all  laws  and  parts  of  laws  inconsistent  herewith  shall 
be  suspended  in  each  city,  village,  town  or  election  district 
wherein  such  voting  machines  are  used,  so  long  as  the  same 
shall  be  used  therein. 

Any  person  who  shall  wilfully  injure  or  attempt  to  injure, 
or  render  ineffectual,  any  voting  machine  provided  in  accord- 
ance with  the  provisions  of  this  act,  or  who  shall  violate  any 
of  the  provisions  hereof,  shall  be  guilty  of  a  misdemeanor  and 
punished  accordingly.  (1905  c.  267) 

Sec-  345-  Rules  for  use — Whenever  the  governing  body  of 
any  municipal  corporation  shall  determine  to  use  such  ma- 
chines, it  shall,  at  a  regular  or  special  meeting  held  not  less 
than  thirty  days  before  the  election,  prescribe  suitable  rules 
and  instructions,  not  inconsistent  with  the  provisions  of  this 
chapter,  for  using  the  same,  submit  the  same  to  the  attorney 
general  for  his  approval,  and,  when  approved  by  him,  cause 
notice  thereof  to  be  given  as  in  the  case  of  election  notices. 
('99  c.  315  s.  2) 

Sec.  346.  Bond  to  keep  in  repair — No  payment  shall  be 
made  upon  the  purchase  price  of  any  such  machine  until  the 
vendor  thereof  shall  have  filed  with  the  secretary  of  state  a 


OF  MINNESOTA  FOR  1905.  79 

bond  with  sufficient  sureties,  specifying  such  machine  by  its 
number,  and  conditioned  to  keep  the  same  in  good  working 
order,  at  his  own  expense,  for  five  years.  The  penalty  of  such 
bond  shall  be  at  least  two  hundred  dollars,  and  upon  a  breech 
thereof  the  amount  of  such  penalty  shall  be  the  measure  of 
damages  recoverable  by  the  purchaser. 

Sec.  347.    Election  officers  where  voting  machines  are  used — 

No  more  than  two  clerks  and  no  more  than  three  judges  shall 
be  employed  to  officiate  in  any  district  wherein  voting  machines 
are  used,  except  that  in  any  district  where  two  or  more  vot-^ 
ing  machines  are  used  not  to  exceed  two  clerks  may  be  em- 
ployed for  each  voting  machine  used  therein.  The  judges  shall 
enforce  the  rules  prescribed  for  the  use  of  such  machines,  and 
carry  out  all  the  provisions  of  this  chapter  relating  to  the  elec- 
tion, except  such  as  are  rendered  inapplicable  by  the  use  of  such 
machines.  ('99  c.  315  ss.  3,  4;  c.  64,  G.  L.  1909) 

CORRUPT  PRACTICES. 

Sec.  348.    Candidates'  expenditures — Legal  expenses  denned 

— No  candidate  for  nomination  to  any  elective  office  shall 
directly  or  indirectly  pay,  expend,  or  contribute  any  money  or 
other  valuable  thing,  or  promise  so  to  do,  except  legal  expenses, 
as  the  same  are  hereinafter  defined  and  limited: 

1.  For  the  candidate's  personal  traveling  expenses. 

2.  For  rent  and  necessary  furnishing  of  halls  or  rooms  dur- 
ing such  candidacy  for  the  delivery  of  speeches  relative  to  prin- 
ciples or  candidates. 

3.  Payment  of  speakers  and  musicians  at  public  meetings, 
and  their  necessary  traveling  expenses. 

4.  Printing  and  distribution  of  lists  of  candidates,  sample 
ballots,  pamphlets,  newspapers,  circulars,  cards,  handbills,  post- 
ers, and  announcements  relative  to  candidates  or  political  issues 
or  principles. 

5.  For  his  share  of  the  reasonable  compensation  of  chal- 
lengers  at   the   polls. 

6.  For  copying  and  classifying  poll  lists. 

7.  For  making  canvasses  of  voters. 


80  THE  ELECTION  LAWS 

8.  For  postage  or  telegraph,  telephone,  or  other  public  mes- 
senger service. 

9.  For  clerk  hire  at  committee  headquarters. 

10.  For  conveying  infirm  or  disabled  voters  to  and  from  the 
polls.  ('95  c.  277  s.  i) 

Sec.  349.  Limit  to  candidates'  expenses — No  candidate  for 
any  elective  office  shall,  directly  or  indirectly,  pay  or  expend 
in  the  aggregate,  or  promise,  agree,  or  offer  to  pay,  contribute, 
or  expend,  any  money  or  other  valuable  thing,  in  order  to  se- 
cure, or  aid  in  securing,  his  nomination,  or  the  nomination  and 
Election  of  any  other  person,  or  in  aid  of  any  party  or  measure, 
in  excess  of  a  sum  determined  as  follows:  When  the  total 
vote  within  the  same  constituency  at  the  last  election  did  not 
exceed  five  thousand,  two  hundred  and  fifty  dollars;  for  each 
one  hundred  voters  over  that  number  and  under  twenty-five 
thousand,  two  dollars ;  for  each  one  hundred  voters  over  twen- 
ty-five thousand  and  under  fifty  thousand,  one  dollar;  and  for 
each  one  hundred  voters  over  fifty  thousand,  fifty  cents.  ('95 
c.  277  s.  6) 

Sec.  350.  Candidates  to  file  affidavits  of  expenditures — Every 
person  who  shall  be  a  candidate  for  nomination  or  election  to 
any  elective  office,  including  that  of  United  States  senator,  shall 
make  in  duplicate,  within  thirty  days  after  the  election,  a  veri- 
fied statement  setting  forth  each  and  every  sum  of  money  con- 
tributed, disbursed,  expended,  or  promised  by  him,  and  to  the 
best  of  his  knowledge  and  belief,  by  any  and  every  other  per- 
son, committee,  or  organization  in  his  behalf,  wholly  or  partly 
in  endeavoring  to  secure  his  nomination  or  election,  or  that 
of  any  other  person,  at  any  caucus,  convention,  primary,  or 
election;  that  the  affiant  has  used  all  reasonable  diligence  in 
preparing  to  make  such  statement;  and  that  the  same  is  as 
full  and  explicit  as  he  is  able  to  make  it.  And  within  the  time 
aforesaid  he  shall  file  one  copy  thereof  with  the  officer  author- 
ized to  issue  the  certificate  of  nomination  or  election,  and  the 
other  with  the  auditor  of  the  county  wherein  he  resides.  No 
officer  shall  issue  any  commission  or  certificate  of  election  to 
any  person  until  such  statements  shall  have  been  so  filed ;  nor 
shall  such  person  enter  upon  the  duties  of  such  office,  or  re- 
ceive any  salary  or  emolument  therefrom,  until  he  shall  have 
filed  the  statements  herein  prescribed.  ('95  c.  277  ss.  7,  9) 


OF  MINNESOTA  FOR  1905.  81 

Sec.  351.     Action  for  usurpation — Incriminating  evidence — 

No  person  shall  be  permitted  to  hold  any  elective  office  pro- 
cured, with  his  knowledge,  connivance,  or  consent,  in  violation 
of  any  provision  of  sections  348-350;  and  any  voter  of  his  con- 
stiluency,  by  petition  specifying  such  violation,  may  require 
the  attorney  general  to  proceed  against  such  person  as  for 
usurpation  of  office.  But  in  such  cases  the  petition  shall  be 
accompanied  by  a  bond  to  the  state,  conditioned  for  the  pay- 
ment of  all  costs  and  disbursements  incurred  or  expended  in 
such  proceeding.  Upon  the  trial  of  such  actions,  no  person 
shall  be  excused  from  answering  any  question  on  the  ground 
that  the  answer  would  tend  to  incriminate  him.  ('95  c.  277  ss. 
10-12,  15) 

Sec.  352.  Contests  no  bar — Failure  of  attorney  general — 
The  fact  that  any  question  raised  by  a  party  has  been  adjudi- 
cated in  any  contest  of  the  election  of  such  incumbent  shall  not 
bar  such  proceeding,  nor  prevent  the  admission  of  any  relevant 
testimony.  In  case  the  attorney  general  shall  fail  to  begin  such 
^proceeding  within  ten  days,  the  petitioner  may  begin  and  con- 
duct the  same  in  the  name  of  the  state,  but  in  such  case  no  re- 
covery of  costs  or  disbursements  shall  be  had  against  the  state. 
('95  c.  277  s.  12) 

Sec.  353.  Determination  of  the  court — If  it  shall  be  deter- 
mined that  one.  or  more  of  the  charges  set  forth  in  the  petition 
have  been  sustained,  judgment  of  ouster  shall  be  rendered 
against  the  incumbent,  subject  to  the  provisions  of  section  354, 
and  for  costs;  otherwise  judgment  shall  be  rendered  against 
such  petitioner  and  his  sureties  for  costs.  ('95  c.  277  s.  13) 

Sec.  354.  Candidate  receiving  next  highest  vote  made  a 
party — Judgment — The  candidate  receiving  the  next  highest 
number  of  votes  for  the  same  office  may  intervene  or  be  im- 
pleaded,  and  in  such  case,  if  judgment  of  ouster  is  rendered  as 
provided  in  section  353,  such  judgment  shall  award  the  office  to 
the  person  who  received  the  next  highest  number  of  votes 
therefor,  unless  it  shall  have  been  determined,  upon  appropriate 
pleadings  and  proof,  that  he  lias  also  violated  the  provisions 
of  this  chapter,  in  which  case  the  office  shall  be  declared  vacant. 
('95  c.  277  s.  10) ^ 

Sec.  355.  Political  committee  defined — Every  two  or  more 
persons  di-cU'd  or  appointed  by  any  political  party  or  associa- 


82  THE  ELECTION  LAWS 

tion  for  the  purpose,  wholly  or  partly,  of  raising,  collecting,  or 
disbursing  money,  or  directing  the  raising,  collecting  or  dis- 
bursing money,  or  directing  the  raising,  collecting,  or  disburs- 
ing thereof,  for  nomination  or  election  purposes,  and  every  two 
or  more  persons  who  shall  co-operate  in  the  raising,  collecting, 
or  disbursing  of  money  used  or  to  be  used  for  or  against  the 
election  to  public  office  of  any  person  or  any  class  or  number  of 
persons,  or  for  or  against  the  adoption  of  any  law,  ordinance, 
or  constitutional  amendment,  shall  be  deemed  a  political  com- 
mittee, within  the  meaning  of  this  chapter.  ('95  c.  277  s.  16) 

Sec.  356.  Committee  to  have  treasurer  to  receive  and  dis- 
burse all  moneys — Every  political  committee  shall  appoint  and 
constantly  maintain  a  treasurer  to  receive,  keep,  and  disburse 
all  money  which  may  come  into  his  hands,  or  into  the  hands  of 
any  member  thereof,  for  any  of  the  purposes  mentioned  in  sec- 
tion 355;  and,  unless  a  treasurer  be  appointed  and  maintained, 
neither  the  committee  nor  any  member  thereof,  shall  collect, 
receive,  or  disburse  moneys  for  any  such  purpose.  All  moneys 
collected,  received,  or  disbursed  for  any  of  the  purposes  afore- 
said shall  be  paid  to  such  treasurer  and  disbursed  by  him ;  and 
no  such  committee,  or  member  thereof,  shall  disburse  or  ex- 
pend money  for  any  of  the  objects  or  purposes  aforesaid  until 
the  same  shall  have  passed  through  the  hands  of  its  treasurer. 
('95  c.  277  s:  17)^ 

Sec.  357.  Duties  of  treasurer  of  committee — Every  such 
treasurer  shall  keep  in  a  book  or  books  provided  and  preserved 
by  him  a  full,  true,  and  detailed  account  of  each  and  every  sum 
of  money  received  or  disbursed  by  him,  the  date  when  and  the 
person  from  whom  received  or  to  whom  paid,  as  the  case 
may  be,  and  the  purpose  for  which  such  sum  was  received  or 
disbursed.  ('95  c.  277  s.  18) 

Sec.  358.  Treasurer's  account,  when  and  where  filed — Every 
such  treasurer,  within  thirty  days  after  each  primary  or  elec- 
tion concerning  or  in  connection  with  which  he  shall  have  re- 
ceived or  disbursed  money  for  election  or  campaign  purposes, 
shall  prepare  and  file  with  the  auditor  of  the  county  in  which 
he  resides  a  true  and  detailed  statement,  subscribed  and  veri- 
fied by  him,  setting  forth  each  and  every  sum  of  money  by 
him  received  or  disbursed  for  such  purposes,  the  date  of  each 
receipt  and  disbursement,  the  name  of  the  person  from  whom 


OF  MINNESOTA  FOR  1905.  83 

received  or  to  whom  paid,  and  the  purpose  of  each.  Such 
statement  shall  also  contain  a  detailed  list  of  the  unpaid  debts, 
if  any,  of  such  committee,  with  the  nature  and  amount  of  each, 
and  to  whom  owing;  and,  if  there  are  no  such  debts,  the  state- 
ment shall  so  allege.  Such  statement  shall  remain  on  file  for 
four  years,  subject  to  public  inspection.  ('95  c.  277  ss.  19,  20) 

PENAL  PROVISIONS. 

Sec.  359.  False  registration — Personation — Every  person 
who  causes  or  attempts  to  cause  his  name  to  be  registered 
in  more  than  one  district,  or  in  any  district,  knowing  that  he 
is  not  a  qualified  voter  thereof,  or  who  falsely  represents  him- 
self to  be  a  person  other  than  he  is,  when  attempting  to  regis- 
ter for  the  purposes  of  voting  at  any  primary,  or  when  apply- 
ing for  a  ballot  or  offering  his  ballot  to  be  deposited  in  a  ballot 
box,  or  when  offering  to  vote  by  means  of  a  voting  machine 
or  otherwise,  whether  the  person  he  represents  himself  to  be 
is  "Jiving  or  dead,  or  a  fictitious  person,  and  every  person  who 
aids,  abets,  counsels,  or  procures  any  other  person  to  do  any 
of  the  acts  herein  mentioned,  shall  be  guilty  of  a  felony.  ('95 
c.  277  s.  5) 

Sec.  360.    Offering  duplicate  ballots,  unlawful  voting,  etc. — 

Every  person  who  wrongfully  delivers  to  a  judge,  to  be  placed 
in  a  box,  more  than  one  ballot  of  the  same  kind  and  color,  or 
who  fraudulently  puts  a  ballot  into  any  box,  or  who,  not  being 
a  qualified  voter,  votes  at  any  election  with  unlawful  intent,  or 
who  votes  more  than  once  at  the  same  election,  or  who  pro- 
cures, aids,  assists,  or  advises  another  to  go  into  any  county, 
town,  or  district  for  the  purpose  of  voting,  knowing  that  such 
person  is  not  qualified  to  vote  therein,  shall  be  guilty  of  a 
felony. 

Sec.  361.  Bribery  before  or  at  elections — Every  person  who 
wilfully,  directly  or  indirectly,  pays,  gives,  or  lends  any  money 
or  other  thing  of  value,  or  who  offers,  promises,  or  endeavors 
to  procure  any  money,  place,  employment,  or  other  valuable 
consideration,  to  or  for  any  voter,  or  to  or  for  any  other  per- 
son, in  order  to  induce  any  voter  to  refrain  from  voting,  or  to 
vote  in  any  particular  way,  at  any  election  or  primary,  shall  be 
guilty  of  a  felony.  ('95  c.  277  s.  i) 


84  THE  ELECTION  LAWS 

Sec.  362.  Advancing  money,  etc.,  unlawfully — Every  person 
who  directly  or  indirectly  advances,  pays,  contributes,  furnishes, 
or  pledges  any  valuable  thing  or  consideration,  or  causes  the 
same  to  be  done,  to  or  for  the  use  of  any  other  person,  with 
the  intent  that  such  advancement,  payment,  contribution, 
pledge,  or  any  part  thereof,  shall  be  expended  or  used  in  bribery 
at  any  primary  or  election,  or  in  fulfilment  of  any  promised 
bribe,  shall  be  guilty  of  a  felony.  ('95  c.  277  s.  i) 

Sec.  363.  Corruptly  demanding  or  receiving  payment,  etc. — 
Every  person  who  after  any  election,  directly  or  indirectly  de- 
mands or  receives  any  money  or  valuable  consideration  because 
of  any  person's  having  voted  or  refrained  from  voting,  or  be- 
cause of  having  induced  any  other  person  to  vote  or  refrain 
from  voting,  at  any  election  or  primary,  shall  be  guilty  of  a 
felony.  ('95  c.  277  s.  i) 

Sec.  364.  Coercing,  threatening,  or  improperly  influencing 
voters — Every  judge,  clerk,  officer,  or  other  person,  who,  with- 
in or  without  any  polling  place,  directly  or  indirectly  uses  or 
threatens  to  use  any  force,  violence,  or  restraint,  or  causes  or 
threatens  to  cause  any  damage,  harm,  or  loss  to  any  person, 
with  intent  to  induce,  or  in  any  other  way  attempts  to  induce 
or  compel,  such  person,  or  any  other  person,  to  vote  or  refrain 
from  voting  at  any  election,  or  to  vote  in  any  particular  way, 
or  who,  within  any  polling  room,  or  in  any  booth  or  room 
connected  therewith,  or  within  twenty-five  feet  from  the  en- 
trance to  any  such  polling  place,  asks,  persuades,  or  endeavors 
to  persuade  any  person  to  vote  for  or  against  any  particular 
candidate,  party,  or  proposition,  or  who,  by  abduction,  duress, 
or  any  fraudulent  device  or  contrivance,  impedes  or  prevents 
the  free  exercise  of  the  franchise  at  any  election,  or  who  by 
any  such  means,  compels,  induces,  or  prevails  upon  any  voter 
either  to  give  or  refrain  from  giving  his  vote  at  any  election, 
or  who  aids,  assists,  counsels,  or  advises  another  to  vote  in  any 
district,  knowing  that  he  is  not  then  and  there  a  qualified  voter, 
shall  be  guilty  of  a  gross  misdemeanor.  ('95  c.  277  s.  4) 

Sec.  365.  Defacing  posted  lists,  or  removing  ballots  from 
polling  room — Every  person  who  tears  down,  mutilates,  de- 
faces, or  otherwise  injures  any  list  of  names  or  card  of  in- 
struction to  voters  posted  or  otherwise  placed  outside  or  inside 
of  any  polling  place  or  booth  by  any  board  of  registration  or 


OF  MINNESOTA  FOR  1906. 

other  official,  or  who,  before  the  closing  of  the  polls,  removes 
from  the  polling  place  any  ballot  printed  for  use  at  such  elec- 
tion, or  any  supplies  or  conveniences  placed  in  or  about  any 
booth  for  the  use  of  voters  in  preparing  their  ballots,  shall  be 
guilty  of  a  gross  misdemeanor. 

Sec.  366.  Wilful  removal  of  or  damage  to  poll  books,  etc. — 
Kvery  person  who  shall  wilfully  take  or  carry  away  from  any 
polling  place,  or  deface,  mutilate,  damage,  or  add  to.  any  poll 
book,  ballot,  list,  or  register,  or  any  name  or  figure  therein, 
shall  be  guilty  of  a  felony. 

Sec.  367.  Wilful  injury  to  voting  machines — Kver\  person 
who  wilfully  injures  or  renders  ineffectual  any  voting'  machine, 
or  attempts  so  to  do.  shall  be  guilty  of  a  felony.  ('99  c.  315  s.  6) 

Sec.  368.  Failure  to  deliver  certificate  of  nomination — Every 
secretary  of  a  delegate  convention  who  fails  or  neglects  to 
immediately  deliver,  to  the  officer  charged  with  the  printing 
of  the  ballots  upon  which  the  name  of  a  candidate  of  such  con- 
vention is  to  be  placed,  the  certificate  of  nomination  of  such 
candidate,  shall  be  guilty  of  a  misdemeanor. 

Sec.  369.  Negligence  in  printing  and  care  of  ballots — Ever) 
person  authorized  to  print,  or  employed  in  printing,  official 
ballots,  who  knowingly  gives  or  delivers  any  of  such  ballots  to, 
or  knowingly  permits  any  of  the  same  to  be  taken  by,  any  per- 
son other  than  the  official  under  whose  direction  they  are  being- 
printed,  or  knowingly  prints  or  causes  or  permits  to  be  printed 
any  ballot  in  a  form  other  than  that  prescribed  by  law,  or  with 
any  other  names  thereon,  or  with  the  names  spelled  or  the 
names  of  offices  arranged  theieon  in  any  way  other  than  that 
anthori/cd  and  directed  by  said  official,  shall  be  guilty  of  a 
felony. 

Sec.  370.  Defamatory  circulars,  etc. — Every  person  wlu > 
writes,  prints,  posts,  or  distributes,  or  causes  to  be  written, 
printed,  posted,  or  distributed,  any  circular,  poster,  or  other 
written  or  printed  matter,  which  is  designed  or  tends  to  injure 
or  defeat  any  candidate  for  nomination  or  election  to  a  public 
office  by  reflecting  on  his  personal  or  political  character  or  tCtS, 
unless  b\  publishing  such  matter  in  a  newspaper  in  such  man 
ner  that  the  publisher  becomes  responsible  therefor,  or  unless 
there  appear  upon  such  written  or  printed  matter,  m  a  con- 
spicuous place,  the  names  of  al  least  two  officers  or  members 


86  THE  ELECTION  LAWS 

of  a  committee  of  the  political  or  other  organization  purporting 
to  issue  the  same,  or  the  name  of  some  registered  voter  as  re- 
sponsible therefor,  with  his  postoffice  address,  shall  be  guilty 
of  a  gross  misdemeanor.  ('01  c.  88  s.  4) 

Sec.  371.  Refusing  employee  election  privilege — Every  per- 
son who,  as  principal  or  as  an  official  or  agent  of  any  other 
person,  shall  directly  or  indirectly  refuse,  abridge,  or  in  any 
manner  interfere  with  any  of  the  privileges  or  immunities  of 
any  employee  of  himself  or  his  principal  granted  by  this  chap- 
ter, shall  be  guilty  of  a  misdemeanor. 

Sec.  372.  No  person  except  judges  to  handle  ballots — Every 
person,  except  a  judge,  who  during  any  canvass  of  votes  shall 
handle,  touch,  or  interfere  with  any  of  the  ballots  being  can- 
vassed, and  every  judge  permitting  the  same  to  be  done,  shall 
be  guilty  of  a  misdemeanor.  ('97  c.  242) 

Sec.  373.  Mismarking  ballots — Disclosing  how  marked — Ev- 
ery election  official  or  other  person  who  marks  the  ballot  of  any 
voter,  except  in  the  cases  and  in  the  manner  provided  by  law, 
or  who  informs  any  person  other  than  such  voter  how  any 
such  ballot  was  marked,  shall  be  guilty  of  a  gross  misdemeanor. 

Sec.  374.  Wilful  neglect,  failure,  or  fraud  of  election  officers 
— Every  election  officer  or  other  person  required  by  law  to 
safely  keep  and  produce  on  election  day  the  ballots  intrusted 
to  him,  or  to  perform  any  other  act,  who  wilfully  fails  or  re- 
fuses to  do  the  thing  so  required,  or  who  is  required  by  law 
to  abstain  from  any  act,  and  wilfully  does  such  act,  or  who  in 
either  of  such  cases  is  guilty  of  any  fraud,  corruption,  par- 
tiality, or  misbehavior  in  conducting  or  aiding  in  the  conduct 
of  any  election,  or  in  canvassing  or  making  returns  of  votes, 
or  who  wrongfully  refuses  to  make  or  deliver  any  certificate 
of  election,  or  who  falsely  or  corruptly  performs  any  required 
act,  the  punishment  whereof  has  not  been  otherwise  expressly 
provided  for  by  law,  shall  be  guilty  of  a  felony. 

Sec.  375.  Destruction  or  delay  of  election  returns — Every 
messenger  appointed  by  authority  of  law  to  receive  and  carry 
a  report,  certificate,  or  certified  copy  of  any  statement  relating 
to  the  result  of  any  election,  who  shall  wilfully  mutilate,  tear, 
deface,  obliterate,  or  destroy  the  same,  or  do  any  other  act 
which  shall  prevent  the  delivery  of  it  as  required  by  law,  and 
every  person  who  shall  take  away  from  such  messenger  any 


OF  MINNESOTA  FOR  1905.  87 

such  report,  certificate,  or  copy,  with  intent  to  prevent  its  de- 
livery, or  who  shall  wilfully  do  any  injury  or  act  herein  specified, 
shall  be  guilty  of  a  felony. 

Sec.  376.  Unlawful  expenditures  before  nomination  or  elec- 
tion— Every  candidate  for  nomination  or  election  to  a  public 
office,  who  within  ten  days  before  any  primary  held  to  nom- 
inate,-or  to  elect  delegates  to  a  convention  called  to  nominate, 
a  candidate  for  such  office,  or  who  within  sixty  days  before  the 
election  at  which  an  incumbent  is  to  be  chosen  for  such  office, 
directly  or  indirectly,  gives  or  provides,  or  pays,  wholly  or 
partly,  or  promises  to  pay,  wholly  or  partly,  the  expense  of 
giving  or  providing  any  food,  drink,  or  entertainment  to  or 
for  any  person  with  intent  to  corruptly  influence  such  person, 
or  any  other  person,  to  give  or  refrain  from  giving  his  vote  at 
such  election,  or  to  vote  or  refrain  from  voting  in  a  particular 
way,  shall  be  guilty  of  a  misdemeanor.  ('95  c.  277  s.  3) 

^Sec.  377.  Failure  to  file  statement — Every  treasurer  or  other 
person  who  receives  any  money  to  be  applied  to  any  of  the 
election  purposes  for  which  expenditures  are  permitted  by  law, 
who  fails  to  file  the  statement  and  account  respecting  the  same 
required  by  this  chapter  within  the  time  prescribed,  shall  be 
guilty  of  a  misdemeanor.  ('95  c.  277  s.  21) 

Sec.  378.  Failure  of  treasurer  to  keep  correct  accounts — 
Every  such  treasurer  or  other  person  who  receives  any  money 
to  be  applied  to  the  purposes  aforesaid,  who  fails  to  keep  a  cor- 
rect book  of  account  containing  all  the  statements  and  details 
required  by  law,  with  intent  to  conceal  the  receipt  or  disburse- 
ment of  any  sum  of  money  received  or  disbursed  by  him  or  by 
any  other  person,  or  the  purpose  for  which  the  same  was  re- 
ceived or  disbursed,  or  to  conceal  the  existence  of  any  unpaid 
debt  or  obligation,  or  the  amount  thereof,  or  to  whom  the  same 
is  due,  in  detail,  or  who  shall  mutilate,  deface,  or  destroy  such 
book  with  like  intent,  shall  be  guilty  of  a  misdemeanor.  ('95 
c.  277  s.  22) 

Sec.  379.  Failure  of  candidate  to  file — No  commission,  etc., 
to  issue — Every  candidate  for  nomination  or  election  to  any 
elective  office,  or  to  the  office  of  United  States  senator,  who 
fails  to  make  and  file  the  verified  statement  of  moneys  con- 
tributed, disbursed,  expended,  or  promised  by  him,  or  any 
other  person,  committee,  or  organization  for  him,  so  far  as  he 


88  THE  ELECTION  LAWS 

can  learn,  in  the  manner,  within  the  time,  and  with  the  details 
required  by  law,  or  who  enters  upon  the  duties  of  any  such 
office,  or  receives  any  salary  or  emolument  therefrom,  before 
he  has  so  filed  such  statement,  and  every  officer  who  issues  a 
commission  or  certificate  of  election  to  any  person  before  such 
statement  shall  have  been  so  filed,  shall  be  guilty  of  a  gross 
misdemeanor.  ('95  c.  277  s.  8) 


CONGRESSIONAL  REAPPORTIONMENT  FOR  1901.  S<) 


Congressional   Reapportionment  for  1901. 


Section  i.  The  State  of  Minnesota  is  hereby  divided  into 
nine  (9 )  congressional  districts,  each  of  which  is  entitled  to 
elect  one  (i)  representative  to  the  Congress  of  the  United 

States. 

Sec.  2.  The  counties  of  Dodge,  Fillmore,  Freeborn,  Hous- 
ton, Mower,  Olmsted,  Steele,  Wabasha,  Waseca  and  Winona 
shall  constitute  the  First  (ist)  congressional  district. 

Sec.  3.  The  counties  of  Blue  Earth,  Brown,  Cottonwoocl, 
Faribault,  Jackson.  Martin,  Murray,  Nobles,  Pipestone,  Rock 
and  Watonwan  shall  constitute  the  Second  (2nd)  congressional 
district. 

Sec.  4.  The  counties  of  Carver,  Dakota,  Goodhue,  Le  Sueur, 
McLeod,  Nicollet,  Rice,  Scott  and  Sibley  shall  constitute  the 
Third  (3rd)  congressional  district. 

Sec.  5.  The  counties  of  Chisago,  Ramsey  and  Washington 
shall  constitute  the  Fourth  (4th)  congressional  district. 

Sec.  6.  The  county  of  Hennepin  shall  constitute  the  Fifth 
(5th)  congressional  district. 

Sec.  7.  The  counties  of  Benton,  Cass,  Crow  Wing,  Douglas, 
llubbard,  Meeker,  Morrison,  Sherburne,  Stearns,  Todd,  Wa- 
dena  and  Wright  shall  constitute  the  Sixth  (6th)  congressional 
district. 

Sec.  8.  The  counties  of  Big  Stone,  Chippewa,  Grant,  Kan- 
diyohi,  Lac  qui  Parle,  Lincoln,  Lyon,  Pope,  Redwood,  Ren- 
ville,  Stevens,  Swift,  Traverse  and  Yellow  Medicine  shall  con- 
stitute the  Seventh  (7th)  congressional  district. 

Sec.  9.  The  counties  of  Aitkin,  Anoka,  Carlton,  Cook, 
Isanti,  Itasca,  Kanabec  (Koochiching),  Lake,  Mille  Lacs,  Pine 
and  St.  Louis  shall  constitute  the  Eighth  (8th)  congressional 
district. 


90  CONGRESSIONAL  REAPPORTIONMENT  FOR  1901. 

Sec.  10.  The  counties  of  Becker,  Beltrami,  Clay,  Kittson 
(Mahnomen),  Marshall,  Norman,  Otter  Tail,  Polk,  Red  Lake, 
Roseau  and  Wilkin  shall  constitute  the  Ninth  (Qth )  congres- 
sional district,  County  of  Clearwater  being  set  off  from  Bel- 
trami County. 

Sec.  n.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  27,  1901. 


LEGISLATIVE  REAPPORTIONMENT  FOR  1897.  91 


Legislative  Reapportionment  for  1897. 


(SENATORIAL  DISTRICTS.) 


(Chapter  120,  General  Laws  1897.) 


First  District — Houston  county — One  senator  and  one  rep- 
resentative. 

Second  District — Winona  county — One  senator  and  three 
representatives. 

Third  District — Wabasha  county — One  senator  and  one  rep- 
resentative. 

Fourth  District — Olmsted  county — One  senator  and  two  rep- 
resentatives. 

Fifth  District — Fillmore  county — One  senator  and  two  rep- 
resentatives. 

Sixth  District — Mower  county — One  senator  and  two  rep- 
resentatives. 

Seventh  District — Dodge  county — One  senator  and  one  rep- 
resentative. 

Eighth  District — Steele  county — One  senator  and  one  rep- 
resentative. 

Ninth  District — Freeborn  county — One  senator  and  two  rep- 
resentatives. 

Tenth  District — Waseca  county — One  senator  and  one  rep- 
resentative. 

Eleventh  District — Blue  Earth  county — One  senator  and 
three  representatives. 

Twelfth  District — Faribault  county — One  senator  and  one 
representative. 

Thirteenth  District — Martin  and  Watonwan  counties — One 
senator  and  two  representatives. 


92  LEGISLATIVE  REAPPORTIONMENT  FOR  1897. 

Fourteenth  District — -Jackson  and  Cottonwood  counties — 
One  senator  and  two  representatives. 

Fifteenth  District — Nobles  and  Murray  counties — One  sen- 
ator and  one  representative. 

Sixteenth  District — Rock  and  Pipestone  counties — One  sen- 
ator and  one  representative. 

^Seventeenth  District — Lincoln,  Lyon  and  Yellow  Medicine 
counties — One  senator  and  three  representatives. 

Eighteenth  District — Lac  qui  Parle  and  Chippewa  counties 

—One  senator  and  two  representatives. 

\ 

Nineteenth  District — Redwood  and  Brown  counties — One 
senator  and  two  representatives. 

Twentieth  District — Nicollet  county — One  senator  and  one 
representative. 

Twenty-first  District — Sibley  county — One  senator  and  one 
representative. 

Twenty-second  District — Renville  county — One  senator  and 
two  representatives. 

Twenty-third  District — Meeker  county — One  senator  and 
one  representative. 

Twenty-fourth  District — McLeod  county — One  senator  and 
one  representative. 

Twenty-fifth  District — Carver  county — One  senator  and  one 
representative. 

Twenty-sixth  District — Scott  county — One  senator  and  one 
representative. 

Twenty-seventh  District — LeSueur  county — One  senator  and 
two  representatives. 

Twenty-eighth  District — Rice  county — One  senator  and  two 
representatives. 

Twenty-ninth  District — Goodhue  county — One  senator  and 
three  representatives. 

Thirtieth  District — Dakota  county — One  senator  and  two 
representatives. 

Thirty-first  District — Washington  county — One  senator  and 
two  representatives. 

Thirty-second  District — Chisago,  Pine  and  Kanabec  coun- 
ties— One  senator  and  two  representatives. 


LEGISLATIVE  REAPPORTIONMENT  FOR  1897.  93 

Thirty-third  District — First  and  Second  Wards,  St.  Paul- 
One  senator  and  two  representatives. 

Thirty-fourth  District — Third,  Ninth  and  part  of  Eighth 
Wards,  St.  Paul — One  senator  and  three  representatives. 

Thirty-fifth   District— Fifth  and  Sixth  Wards,  St.   Paul- 
One  senator  and  t\vo  representatives. 

Thirty-sixth  District — Fourth,  Seventh  and  part  of  Eighth 
Wards,  St.  Paul — One  senator  and  two  representatives. 

Thirty-seventh  District — Part  of  Eighth  Ward,  Tenth  and 
Eleventh  Wards,  St.  Paul  and  Ramsey  county — One  senator 
and  two  representatives. 

Thirty-eighth  District — First  Ward  and  part  of  Third  Ward, 
Minneapolis — One  senator  and  two  representatives. 

Thirty-ninth  District — Second  and  Ninth  Wards,  Minneapo- 
lis and  Town  of  St.  Anthony — One  senator  and  two  repre- 
sentatives. 

Fortieth  District — Fourth  Ward,  Minneapolis — One  senator 
and  two  representatives. 

Forty-first  District — Fifth  and  Sixth  Wards,  Minneapolis- 
One  senator  and  four  representatives. 

Forty-second  District — Seventh,  Eleventh  and  Twelfth 
Wards,  Minneapolis  and  Village  of  Edina  and  Towns  of  Rich- 
field, Bloomington,  Eden  Prairie  and  Village  and  Town  of  Ex- 
celsior, Hennepin  county — One  senator  and  two  representa- 
tives. 

Forty-third  District — Eighth  and  Thirteenth  Wards,  Minne- 
apolis, and  Towns  of  Corcoran,  Greenwood,  Medina,  Indepen- 
dence, Minnetonka.  Plymouth,  Minnetriesta,  Maple  Grove, 
Orono  and  Villages  Golden  Valley,  St.  Louis  Park,  West  Min- 
neapolis, Minnetonka  Beach  and  Wayzata,  Hennepin  county- 
One  senator  and  two  representatives. 

Forty-fourth  District— Part  of  Third  Ward,  and  Tenth  Ward, 
Minneapolis,  and  Villages  of  Crystal,  Robbinsdale,  Osseo.  and 
Towns  of  Crystal  Lake,  Brooklyn,  Champlin,  Dayton  and  Has- 
san, Hennepin  county — One^  senator  and  two  representatives. 

Forty-fifth  District — Isanti,  Anoka,  Mille  Lacs  and  Sher- 
burne  counties,  excepting  Seventh  Ward,  St.  Cloud— One  sen- 
ator and  three  representatives. 


94  LEGISLATIVE  REAPPORTIONMENT  FOR  1897. 

Forty-sixth  District — Wright  county — One  senator  and  two 
representatives. 

Forty-seventh  District — Benton  county,  Seventh  Ward,  St. 
Cloud,  in  Sherburne  county,  City  of  St.  Cloud,  and  Towns  of 
St.  Cloud  and  Le  Sauk,  in  Stearns  county — One  senator  and  one 
representative. 

Forty-eighth  District — Morrison  and  Crow  Wing  counties — 
One  senator  and  two  representatives. 

Forty-ninth  District — Seventh  and  Eighth  Wards,  City  of 
Duluth,  County  of  St.  Louis,  and  all  that  part  of  township  forty- 
nine  north,  of  range  fifteen  west,  not  embraced  in  said  city; 
all  of  township  fifty  north,  of  range  fifteen  west,  and  all  that 
part  of  the  County  of  St.  Louis  lying  to  the  westward  of  the 
range  line  or  the  same  extended  between  ranges  fifteen  and 
sixteen  west,  in  said  county — One  senator  and  two  repre- 
sentatives. 

Fiftieth  District—Third,  Fifth  and  Sixth  Wards  of  the  City 
of  Duluth,  County  of  St.  Louis,  and  all  that  part  of  said  county 
outside  the  City  of  Duluth  and  lying  between  the  range  line 
between  ranges  thirteen  and  fourteen,  and  the  range  line  be- 
tween ranges  fifteen  and  sixteen,  in  said  county — One  senator 
and  two  representatives. 

Fifty-first  District — Counties  of  Lake  and  Cook,  the  First, 
Second  and  Fourth  Wards  of  the  City  of  Duluth,  in  the  County 
of  St.  Louis,  and  all  that  part  of  said  county  not  within  said 
city  and  lying  to  the  eastward  of  the  range  line  between  ranges 
thirteen  and  fourteen,  or  the  same  extended  in  said  county- 
One  senator  and  two  representatives. 

Fifty-second  District — Carlton,  Aitkin,  Itasca  (Koochiching), 
and  Cass  counties — One  senator  and  two  representatives. 

Fifty-third  District — Hubbard,  Wadena  and  Todd  counties 
— One  senator  and  two  representatives. 

Fifty-fourth  District — Stearns  county,  except  the  City  of  St. 
Cloud  and  Towns  of  St.  Cloud  and  Le  Sauk — One  senator  and 
two  representatives. 

Fifty-fifth  District — Kandiyohi  county — One  senator  and  one 
representative. 


LEGISLATIVE  REAPPORTIONMENT  FOR  1897.  '•>"> 

Fifty-sixth  District — Swift  and  Big  Stone  counties — One  sen- 
ator and  one  representative. 

Fifty-seventh  District — Traverse,  Grant  and  Stevens  coun- 
ties— One  senator  and  two  representatives. 

Fifty-eighth  District — Pope  and  Douglas  counties — One  sen- 
ator and  two  representatives. 

Fifty-ninth  District — Otter  Tail  county — One  senator  and 
four  representatives. 

Sixtieth  District — Wilkin,  Clay  and  Becker  counties — One 
senator  and  three  representatives. 

Sixty-first  District — Norman,  Beltrami,  Clearwater  (Mah- 
nomen),  and  Red  Lake  counties — One  senator  and  two  repre- 
sentatives. 

Sixty-second  District — Polk  county — One  senator  and  two 
representatives. 

Srxty-third  District — Marshall,  Roseau  and  Kittson  coun- 
ties— One  senator  and  two  representatives. 

*Chap.  490,  G.  L.  1909,  increases  the  House  membership  to  120. 


GENERAL  ELECTION  LAW  INDEX, 


General  Election  Law  Index 


Qualifications  of  Voters  pages  3  and  4. 


SECTION 

Chapter   relating  to. . J53-379 

General  elections,   when   held 153 

Officers   chosen   at 153 

Definition  of  terms 154 

"Polls,"  meaning  of  word 154 

"Voter,"  meaning  of  word T  54 

Blank  forms  for,  secretary  of  state  to  furnish 159 

Copies  of  law,  how  provided  and  distributed 159 

Legislative  districts,  change  of  boundaries,  elections  to  fill  vacancies 161 

Duties  of  officers  in  relation  to  sale  and  use  of  intoxicating  liquors   on 

election   day 163 

Candidates  not  to  be  named  on  official  ballots  as  candidates  of  more  than 

one   party    176 

Only  those  candidates  properly  nominated  to  have  names  on  ballots 179 

Political  party   defined 182  ^ 

Place    of 224 

Notice,  posting    225 

In  towns  and  villages 226 

Towns  may  vote  in  villages  when 226 

Expenses  of,  how  paid 342 

Primary  Elections. 

Purpose  and  time  of  holding,  notice 181 

Candidates,  how  chosen 182 

Affidavits,  filing  184-185 

Election   districts 183 

Names  of  candidates  when  placed  on  primary  ballot 184 

Names  of  nominees  to  be  carried  to  county  auditors 186 

Voting  to  be  'by  ballot 186 

Ballots,  form  and  contents,  sample  ballot. .  . .' 186 

Preparation   rotation  of  names 187 

Indorsement,  spoiling  or  defacing 192 

Partial   invalidity    193 

Not  to  be  rejected  for  technical  errors 193 

Designation  of  choice  by  voters 193 

Folding  and   depositing IQ4 

Election  officers  to  act  at ..  188 


GENERAL  ELECTION  LAW  INDEX.  97 

SECTION 

Registers    190 

Laws  applicable  194 

Provisions  relating  to  general  elections  applicable 190,  194 

Ballot  boxes,  polling  places 190 

Gatekeepers,  peace  officers,  challengers 190 

Hours   for   voting 191 

Polls,  time  of  opening  and  closing,  adjournments 191 

Qualification  of  voters 192 

Instruction  to  voters,  manner  of  voting 192 

Challenges,   provisions   applicable 194 

Canvass  of  votes,  preliminaries  to 195 

Wilful  neglect,  failure,  or  fraud 374 

Procedure    196 

Returns,  sealing  and  return  to  auditor 196 

Tally  sheets    197 

County  canvassing  board,  organization,  powers,  duties 198,  199 

State  canvassing  board,  duties 200 

Persons  certified  as  nominated  by  canvassing  boards  to  be  nominees  of 

political   parties   201 

Fees  \o  be  paid  by  nominees 201 

Review   by  courts 202 

Contests   for  nomination 203 

Nominations  by  Convention. 

General  provisions    '. 204-212 

Failure  to  deliver  certificate  of  nomination,  penalty 368 

Nominations  by  Voters. 

General  provisions    213-220 

Election  Districts. 

"District,"  meaning  of  word 154 

How  constituted  and  altered,  number  of  voters 156 

Alteration,  map  of,  inspection 157 

Map  of,  copies  for  judges  of  election 157 

Map  of,  posting,  filing 157 

Time  for  altering 183 

Division  of  towns,  notice 225 

Election  Officers. 

To  act  at  primary  eletcions 188 

Special  judges  and  clerks,  appointment,  duty 309 

Qualification,  pay   310 

Compensation  for  election  services 341 

How  paid 342 

Messengers,  compensation  and  mileage 341 


98  GENERAL  ELECTION  LAW  INDEX. 

SECTION 

Destruction  or  delay  of  return 375 

V/here  voting  machines  are  used 347 

Wilful  neglect,  failure,  or  fraud 374 

JUDGES. 

Meaning  of, word _.\ 154 

Copies  of  maps  of  districts  for 157 

Copies  of  law  for 159 

Election  ballots  delivered  to 167 

Signing  statement  preliminary  to  canvass  of  primary  election 195 

Canvass  of  votes  for  primary  election 196 

Members  of  town  boards 227 

In  cities  and  villages,  appointment 228 

Qualifications 229 

Selection  from  certified  party  lists 230 

To  appoint  election  clerks 229 

Duties  as  to  display  of  flags  at  polling  places 231 

Compensation,  forfeiture  for  failure  to  display  flag  at  polling  places 231 

Vacancies 232 

How  filled 227 

Oath    ' 233 

Administering  oath  to  person  appearing  for  registration 238 

In  cities  of  first,  second  and  third  classes  to  constitute  board  of  registra- 
tion   241 

In  cities,  signing  registers 246 

May  change  polling  places,  when 254 

Appointment  of  special  peace  officers 257 

To  procure  registers,  ballots,  ballot  boxes,  etc 258 

Failure  to  obtain  ballots,  proceedings 259 

To  appoint  gatekeepers 264 

Initials  on  ballots 266 

Regulations  as  to  voting 269 

One  to  have  charge  of  ballots  and  two  of  registers 271 

Duties  on  challenge  to  voter 272 

Agreement  on  standard  of  time  for  opening  and  closing  polls 286 

Proclamation  of  time  for  closing  polls 286 

Signing  of  poll  lists 287 

Signing  of  registers 287 

Canvass  of  votes 288 

Preliminary   returns,   signing 289 

Drawing  excessive  ballots 290 

Certificate  as  to  votes  not  counted 292 

Permitting  entries  to  be  made  on  tally  sheets  by  others  than  clerks,  pen- 
alty      301 

Announcing  result  of  canvass 303 

Statement  of  votes  cast 307 

Assisting  in  canvassing  vote 308 

Special  judges,  qualifications,  compensation,  etc. 310 


GENERAL  ELECTION  LAW  INDEX.  »9 

SECTION 

Sealing  ballot  boxes  after  canvass 311 

Official  returns,  sealing  and  delivering 315 

Delivery  of  election  returns ".....  316 

Where  voting  machines  are  used 347 

At  election  for  change  of  county  boundaries 385 

CLERKS. 

Meaning  of  word 154 

Calling  for  ballots 168 

Number  of  ballots  to  be  provided 169 

Attestation  of  statement  preliminary  to  canvass  of  primary  elections 195 

Canvass  of  votes  for  primary  election 196 

Appointment,  qualifications   229 

Vacancies    232 

Oath    233 

Disability  while  on  duty,  appointment  of  substitute 265 

To  keep  poll  lists,  form 285 

Attestation  of  poll  lists  and  registers 287 

Account  of  ballots 293 

Entries  on  tally  sheets • 300,  301 

BOARD    OF    REGISTRATION. 

Election  judges  to  constitute 233 

Duplicate  lists  of  persons  entitled  to  vote 236 

Comparison  of  registers 239 

In  cities  of  first,  second  and  third  classes 241 

Comparing,  signing,  etc.,  registers  at  close  of  first  registration  day 246 

BOARD   OF   ELECTION. 

Election  judges  to  constitute 233 

Challenges  referred  to 305 

BALLOT  JUDGES. 

Appointment,  vacancies 304 

Duties   305,  3io 

Number  slips  and  receipts  for  ballots 306 

Certificate  as  to  vote  cast 3°7 

To  assist  in  canvass  of  vote 308 

Qualifications  and  compensation 3IO>  341 

BALLOT    CLERKS. 

Appointment,  vacancies 304 

Duties   305,  310 

Attestation  of  certificate  as  to  vote  cast 307 

To  assist  in  canvassing  vote 308 

Qualifications  and  compensation 310,  341 


100  GENERAL  ELECTION  LAW  INDEX. 

Registration,  Registers,  and  Poll  Lists. 

SECTION 

Primaries  to  be  held  on  first  day  of  registration 181 

On  day  of  primary,  at  primary  elections 189 

Residence  of  voters,  how  determined. . 235 

Oath  in  towns,  villages  and  cities  of  the  fourth  class 238 

In  cities  of  first,  second  and  third  classes 241 

Questions  to  persons  appearing  for 242 

Must  be  in  person. . .' 244 

Of  absent  voters  by  affidavit 244 

Removal  of  voter  from  district 245 

Registration  days  in  cities  of  first,  second  and  third  classes,  second  day, 

hours,  etc 247 

Last  day 249 

Persons  not  allowed  to  vote  unless  registered,  exception 251 

REGISTERS. 

Blank  forms  for 159 

At  primaries 189 

Heading,  contents,  and  arranging 234 

In  cities  of  the  fourth  class,  how  made,  posting  and  correcting 236,  237 

Comparison  and  certification  at  end  of  each  day's  registration 239 

In  towns  and  villages,  how  made,  posting  and  correcting 236 

Comparison  and  certification  at  end  of  each  day's  registration 239 

In  cities  of  the  second  and  third  classes,  how  prepared 242 

Headings,  names  entered  on 242 

Comparison  at  close  of  first  registration  day,  signing,  certifying,  etc 246 

Comparison  as  close  of  second  registration  day,  signing,  certifying,  etc. ...  248 

Comparison  at  close  of  last  registration  day,  signing,  certifying,  etc 250 

In  cities  of  the  first  class,  form  and  contents 243 

Comparison  at  close  of  first  registration  day,  signing,  certifying,  etc 246 

Comparison  at  close  of  second  registration  day,  signing,  certifying,  etc 248 

Comparison  at  close  of  last  registration  day,  signing,  certifying,  etc 250 

Judges  to  procure  before  election 258 

Judges  to  have  charge  of,  at  polling  places 271 

Statement  attached  to 287 

Statement  attached  as  to  vote  cast 307 

To  be  open  to  inspection 3J3 

Wilfully  removing  or  damaging 366 

How  disposed  of  after  canvass 3T3 

POLL  LISTS. 

Blank  forms  for 159 

In  cities  of  the  fourth  class 236 

Correction   237 

Striking  names  from  lists • 240 

In  towns  and  villages : 236 


GENERAL  ELECTION  LAW'ltfDSX.  101 

SECTION 

Striking  names  from  lists 240 

Clerks  to  keep,  form 285 

Statement  attached  to,  form 287 

To  be  open  to  inspection 313 

How  disposed  of  after  canvass 313 

Defacing , 365 

Wilfully  removing  or  damaging 366 

Notice. 

Of  officers  to  be  elected,  to  whom  sent 158 

Of  primary  elections 181 

Of  election  of  delegates  for  nominating  convention 204 

When  and  by  whom  given,  posting 223 

Of  place  for  holding,  posting 225 

Of  change  of  voting  place  from  town  to  village 226 

Conduct  of  Elections. 

V 

Special   elections   160 

Temporary  recess  after  opening  of  polls 252 

Order  at  polls 257 

Peace  officers,  to  keep  order  at  polling  places 257 

Not  to  remain  in  voting  room 257 

Appointment  as  gatekeepers 264 

Compensation • .  341 

Persons  not  allowed  in  voting  room 268 

Numbers  of  voters  admitted 269 

Crowds  prohibited 270 

Duties  of  judges  as  to  ballots  and  registers 271 

Polls,  notice  of  closing 286 

Polling  Places. 

Designation   224 

Division  of  towns,  notice 225 

,  Towns  may  vote  in  villages,  when 226 

National  flag  to  be  displayed  over . . . ! 231 

Hours  for  opening  and  closing 252 

Location •-."...  253 

Judges  may  change,  when 254 

Notice  of  change 255 

Arrangements  at 256 

What  to  consist  of 256 

Booths,  arrangement   256 

Special  peace  officer 257 

Persons  not  allowed  within  of  near  booths 257 


102  GENERAL  ELECTION  LAW  INDEX. 

SECTION 

Proceedings  preliminary  to  opening 2,62 

Gatekeepers  264 

Printed  instructions  to  voters  to  be  posted  in 162 

Election  of  delegates  for  nominating  convention  to  be  held  at 204 

Injuries  to 365 

Ballot  Boxes. 

To  be  in  public  view 267 

Separate  for  votes  on  constitutional  and  other  questions 166 

At  primaries 190 

Separate  for  women • 256 

Number  and  kind  to  be  provided 256 

Judges  to  procure 258 

Opening  and  locking  before  opening  of  polls 262 

Order  of  opening 289 

For  women,  order  of  opening 289 

Locking  and  sealing  after  canvass 311 

Delivery  after  canvass,  additional  seals 312 

Voting  Machines. 

Authorized 344-347 

Wilful  injury  to 367 

Ballots. 

Sample  ballots,  secretary  of  state  to  furnish  to  auditors 164 

White  ballot,  for  offices  to  be  voted  for  throughout  the  state 165 

How  provided  and  distributed 165 

Receipts  for   165 

General  description   171 

Pink  ballots,  form  and  contents 166 

For  constitutional  and  other  questions 166 

General  description 171 

For  propositions  to  be  voted  for  throughout  state,  how  cast,  counted,  etc. .  166 

Red  ballots,  form  and  contents 167 

How  prepared  and  distributed,  receipts  for 167 

For  city  elections 167 

Blue  ballots,  contents 168 

Furnishing  and  distributing 168 

Number    169 

Unifermity,  quality,  printing 170 

White  and  pink,  secretary  of  state  to  direct  order  of  precedence 171 

Names,  etc.,  how  printed,  blank  spaces « 172 

Party  precedence,  written  names 173 


GENERAL  ELECTION  LAW  INDEX.  103 

SECTION 

Nominees  by  petition,  instructions  to  voters 174 

Spaces  for  designation  of  choice 175 

Presidential  election,  groups  voted  for  together 175 

Candidates  to  be  ns.med  as  candidates  of  only  one  party 176 

Use  of  party  name  on 176 

Blue  and  red  ballots,  form  of 177 

Indorsements  on 178,  266,  267 

To  contain  only  names  of  candidates  properly  nominated 179 

Rotation  of  names  when  required 180 

Pasters,  vacancies  occurring  after  printing  of  ballots 218 

Error  in  printing,  remedy 220 

Fees  for  placing  names  on 222 

Judges  to  procure  before  election 258 

Failure  of  judge  to  obtain,  proceedings 259 

Substitute  ballots    260 

Proceedings  when  there  are  no  official  or  substitute  ballots 261 

Initials  of  judges  on 266 

Distribution 267 

Judge  to  have  charge  of 271 

Sample  ballots,  taking  to  booths 274 

Soiling  or  defacing 275 

Marking  and  folding,  rules 275 

Receiving  and  depositing 276 

Spoiling,  proceedings  thereafter 277 

Spoiled  and  unused,  preservation  and  return 277,  284 

Marking,  physical  inability : 278 

Voter  unable  to  enter  voting  place 279 

Receiving  and  depositing  from  voter  physically  disabled 279 

Marked  ballots  not  to  be  shown 280 

How  removed  from  blocks 284 

Issuance  to  voters 305 

Indorsement  by  ballot  judges 305 

Unused,  time  for  returning 316 

Inspection  after  contest 337 

Defective,  election,  when  void 340 

Removal  from  polling  room 365 

Unlawful  removal  or  injury 366 

Negligence  in  printing  and  care  of 369 

Handling  by  others  than  judges 372 

Disclosing  how  marked,  mismarking 373 

Voting. 

Printed  instructions  to  voters 162 

When  registered  elector  may  not  vote 240 

When  unregistered  elector  may  vote 240 

Removal  from  residence  within  district,  entry  on  register  before  voting. . .  245 

Persons  not  allowed  to  vote  unless  registered 251 


104  GENERAL  ELECTION  LAW  INDEX. 

SECTION 

Instructions  to  voters  to  be  placed  in  booths 256 

Voter  to  retire  to  booth  alone  to  prepare  ballot 274 

Taking  sample  ballots  to  booths 274 

Voter  unable  to  read  English,  or  physically  unable  to  mark  ballot 278 

Person  unable  to  enter  voting  place • ,  279 

Voter  not  to  disclose  how  he  has  voted 280 

Intoxication  not  to  be  regarded  as  physical  disability. 281 

Persons  grossly  intoxicated  not  to  be  permitted  to  vote 281 

Identification  of  voter ' 282 

Employees,  permitted  to  absent  themselves  from  work  for  purpose  of 283 

Challenges. 

Challengers  allowed  in  room,  substitute  challengers 263 

Grounds  for 272 

Oath  to  person  challenged 272,  273 

Examination  of  person  challenged 272,  273 

Identification  of  voter 273 

Before  depositing  ballot 276 

On  receiving  ballot  of  voter  physically  disabled 279 

Reference  to  election  board 305 

Canvass. 

Of  votes  at  special  election , 160 

Of  votes  for  propositions  to  be  voted  throughout  the  state 166 

To  be  public , 288 

Ballots  handled  by  judges  only 288 

Order  of  opening  ballot  boxes 289 

Returns,  preliminary 289 

Preliminary,  special  messengers 289 

Form  of,  to  be  in  duplicate 314 

Official  sealing  and  delivery 315 

Time  for  making 316 

Failure  to  make,  special  messenger 317 

Informalities 318 

Not  to  refuse  to  include  returns  on  account  of  informality 318 

Failure  to  make,  penalty 374 

Destruction  or  delay 375 

Method  of  beginning,  ballots  folded  together 290 

Excess  of  ballots 290 

Disposition 290-292 

Ballots  not  in  proper  box 291,  292 

Ballots  not  counted,  return ".  292 

Method  of  counting  vote,  numbering  ballots 293 

Tally  sheets 293 

For  white  ballots,  form  and  contents :....... .294-297 


GENERAL  ELECTION  LAW  INDIA'  105 

SECTION 

For  pink  ballots 297 

For  blue  and  red  ballots 298 

For  blue  and  red  ballots,  substitutes 298 

For  blue  and  red  ballots,  number  supplied,  deficiencies 299 

Manner  of  marking 300 

Carrying  forward,  numbering  pages 301 

Procedure : 300,  301 

Memorandum  to  be  kept 300 

Rules  for  counting  marks  on  ballots 302 

Announcing  result   303 

Defective  ballots,  how  disposed  of 303 

Ballot  clerks  to  assist 305 

Statement  of  vote  cast 307 

By  whom  canvassed  and  counted 308 

Order  of  canvass,  watchers 308 

Locking  and  sealing  ballot  boxes  after 311 

Delivery  of  ballot  boxes  after,  additional  seals 312 

Poll  lists  and  registers,  disposition 313 

County  canvassing  board,  how  constituted 319 

Quorum,  duties 319 

Statements,  certifying  to  secretary  of  state 320 

When  to  declare  persons  elected 321 

Correction  of  errors  in  legislative  districts 325 

Legislative  vote  in  counties  constituting  part  of  legislative  district 323 

Statement  of  vote 323 

Canvassing  board  324 

Correction  of  errors. 325 

State  canvassing  board,  how  constituted 326 

Vacancies,  time  of  meeting 326 

Canvass  of  votes,  declaring  result 327 

Publication  of  result 328 

Canvass  of  votes  for  members  of  Congress  and  presidential  electors 328 

Compensation  and  mileage 341 

Failure  to  make 374 

Certificates  of  Election. 

Auditor  to  make 322 

Not  to  be  issued  until  affidavit  of  expenditures  filed 350 

Failure  to  make  or  deliver 374 

Issuance  before  filing  of  statement  of  expenditures,  penalty 3/9 

Contests. 

Meaning  of  words  "contestant"  and  "contestce" *    154 

For  legislature,  notice 332 

Notice  by  contestee 333 

Testimony,  how  taken  and  certified 334 


IOC  GENERAL  ELECTION  LAW  INDEX. 

SECTION 

Hearing  in  legislature 335 

State  and  municipal  elections,  trial • 336 

Notices   336 

Bond 337 

Inspection  of  ballots 337 

Appeal,  bond 338 

Election,  when  void,  defective  ballots 340 

Vote  on  county  seat  removal,  changing  county  lines,  etc 339 

Presidential  Electors. 

To  be  chosen  at  general  election 153 

To  be  grouped  and  voted  for  together 175 

Party  precedence 175 

Provisions  relating  to  rotation  of  names  on  ballots  not  applicable  to 180 

Nomination  by  voters x 214 

Marking  ballots  for • 275 

Canvass  of  votes  for 328 

Certificate  of  election,  ties 329 

Notice  to  governor  of  presence  at  capitol 329 

Vacancies • .  329 

Notice  of  election  to  fill 330 

Compensation    341 

Tie  Vote. 

Special  election  160 

At  primary  elections,  state  canvassing  board  to  determine 200 

Nominations  by  convention 206 

For  presidential  electors,  proceedings 328-330 

Special  Elections. 

Calling,  conduct,  returns 160 

In  case  of  tie  vote 160 

For  members  of  congress 328 

Corrupt  Practices. 

General'  provisions    348-358,  374-379 

Offenses. 

Sale  or  use  of  intoxicating  liquors  on  election  day 163 

Rioting,  disorderly  conduct 257 

Printing  or  distributing  sample  ballots  on  white,  pink,  blue  or  red  paper. .  274 

Permitting  entries  to  be  made  on  tally  sheets  by  others  than  clerks 301 

False  personation,   registration 359 

Procuring  disqualified  person  to  vote .36® 


GENERAL  ELECTION  LAW  INDEX.  107 

SECTION 

Offering  duplicate  ballots 360 

Voting  with  unlawful  intent 360 

Bribery  • 361 

Advancing  money,  etc.,  to  be  unlawfully  used  at  or  before  primary  or 

election    362 

Corruptly  demanding  or  receiving  payment,  etc 363 

Coercing,  threatening,  or  improperly  influencing  voters 364 

Defacing  posted  lists  or  removing  ballots  from  polling  room 365 

Wilful  removal  of,  or  damage  to,  poll-books,  etc 366 

Wilful  injury  to  voting  machine 367 

Failure  to  deliver  certificate  of  nomination 268 

Negligence  in  printing  or  care  of  ballots 369 

Defamatory  circulars 370 

Refusing  employee  privileges  granted  by  law 371 

Handling  of  ballots  by  others  than  judges 372 

Mismarking  ballots  and  disclosing  how  marked fc.  373 

Wilful  neglect,  failure  or  fraud  of  election  officers 374 

Destruction  or  delay  of  election  returns ; 375 

Unlawful  expenditures  before  nomination  or  election 376 

Failure  of  treasurer  to  file  statements 377 

Failure  of  treasurer  to  keep  correct  accounts 378 

Failure  of  candidates  to  file  statement 379 

Congressional  apportionment  page  1 1 

Legislative  apportionment  page  92 


UNIVERSITY  OF  CALIFORNIA  LIBEAEY, 
BERKELEY 


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